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The Washington times. [volume] (Washington [D.C.]) 1902-1939, October 18, 1904, Image 1

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Persistent link: https://chroniclingamerica.loc.gov/lccn/sn84026749/1904-10-18/ed-1/seq-1/

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I Fair tonlfht fiax y yrow e botn ht trill toiroor lo mnt ai I i < < rime R PAPCP PAPCPTHAT
Arraigned ArraignedABSET This Mornpf Mornpfoil Morn Mornon
on Charge of Wife WifeMurder WifeMurder WifeMurder
Murder MurderDURffiTTE MurderDURRmE MurderD
Case Adjourned Until After Afternoon Afttrnoon Al ter ternoon ¬
noon Pending Replies Repli s to toMessages toMessaees toMessa8a
Messages Se SentHln SentHlnV n nt t Hi m mHARLOTTMVILLJB m mHJtLOIIIB8VILLZ
b btore bt < fore the time of opening court for the theMoCue tileM theMcCue
MoCue M cCue murder aunt I trial this morning ine there therev tbereas thereas
v as an Immense Imme crowd tU ftllmg the court conrt1uuse courtluU3e cotntUUSe
1uuse UUSe yard anJ Prominent ProIaInentere were fifty citi citizen ettinll cltizens ¬
zens zen nll of Petersburg a jury venue who whowtre whowere Iao IaoWHC
were ntdlng 8 iling aU the consolation pout possible poutble posslble ¬
ble in the thought that aat thirtyelgbt Utlrtythe it itthe 41the
the he number n1l1 would be permitted to re return return return ¬
turn home homeIt ho8aeIt homeIt
It wits Just t 10tt oclock when the thecourt tilecourt thecourt
court waa formally opened In t tmeantime die diemeantinM therneantitae
meantime aU the Petersburg veaoe v velhus had JIadI hadfaed aadtiled
tiled I in and were en taken to the tbeer treasur treasurers ttenaurers ¬
er ers i office adjoininglyi14ien adjoining adjoiningCUIftsea adjoIaIqw
CUIftsea w IB ia Cewrt CewrtYilliu CeertV t tlU
V Yilliu ilUt lU McCve the be eldest son of the theprisoner theprisoner theprisoner
prisoner eame earn Ia early As A II coma aa the theouseti tile1uIed thea
a < 1uIed ouseti entered lend the boy left Iet his Mat aeatrd Matrd seaturd
urd rd woat to his father creating ua ham lallat hligatctifnMoy hamafttcticnately
afttcticnately t cti6nate1y He 1 kissed him twice twicetqJ ana analoo and andt
loo t x a seat t to his I a left leftA leftX lefti
A X I tlis tI children except es Samuel O Ma MaCur Jio Jiofiio JIoCu
Cur Cu w Wt re present at and were were demonstra detaonatratrr demonstrate a at ¬
t trr te c toward tow their father fatherRuby fatherRuby Uter UterRuby
Ruby lice McCue about 1MNt Mt fifteen en year ens of ofage ofage ofage
age kissed k her fatter tau tended tenderly and andtook andtook andtook
took a seat t in his I a Up She sobbed a athough u uboUCb aetrough
though her heart would breakExMayor break breakKxKUyor IJnakK1tL
KxKUyor K1tL 7OL1IeCue McCue appeared cool ea I IcoHt4 and andcollect andc
collect coHt4 c Be wen faultlessly raultJ faultlessly faultlesslytalk atUred attlleltll to tothe
the tll witlfittlng cray po suit utt he 1MUpOn has worn wornupon wereupon
upon every l ery occasion that he as has npured ep epp It Itpar
p par > ared in public since his arrest arrestPrisssjsr erreetPreeeir
Prisssjsr Unmoved IIaraevedHe UnmovedHe 0 0He
He gave cave < lY no no evidence of ofwhile emotion even evenwhite pea peawhile
while hisahOdren hia hiahen gMi 4tea erowd ereweii debeum about him or orwhen orwhen
when hen his oirty oiIJJrvi daughter dskt Boit ge t4M t4Mti t9 t9violence
violence vi > dance h > nce of her grief griefCommonwealth griefCommonwealth sel selCommonwea1Ua
Commonwealth Atior Attorney ey y GUlmer called calledthe ealledthe calledthe
the lint of witnesses W O Dwrrett Dwrrettva Durrettwas
was va a among a the few who bo failed to re respond reslund ¬
fOnd spondCuptuta 1 slundCaptain > fOndCaptalD
Captain Woods stated that while the theCommuawealth tbeCollUBtltIi theCommonwealth
Commonwealth was very anrtoys to toproceed toJir tolroceed
proceed Jir d with 1 tb the trial he considered consideredDurrette consideredDurrette t tDurrptte
Durrette an Important aP rtaat wltne witnaas s and that thath t tbt
1 h bt would ttke to know why be lie1i1t waa ab abstnt abflt
stnt stntIlls flt
1i1tHi fltWe
Ills Hi brother frank rnk Dnrrett vouch vouchsafed WOQebaftd vouchha ¬
safed ha fed the information uo that Durrett was wasat wasa
at a 1 t Roncevertc R ene W Va the mat time t ae he hehrtd beb hehad
had b < td heard heaJ of Mm that he had gone gonethere II gonethere De Det
there t to buy cattle aria lad that it was very veryj veryJobab veryprobable
j probable > robuble he would shortly 1IIaortI return returnMr ret1llftYr returnMr
Mr Oflmer 0 IDer said lei that Durrettes Durr tte e evidence evi evidence evldfnce ¬
dence was very important bD and alMttbat that be bewas beas bea
a was as unwilling to proceed without drat dratconferring 4rstconferring 418 418conftm
conferring conftm with t the other counsel 1 for forthe forthE forthe
the Commonwealth The be lawyers laW7enrfHftd here hereretired hererrtircd
retired for consultation accompanied by byFrank t byFrank y yFrank
Frank Durrette DurretteMiasiat DurretteDurrette DULY U UMisaitg
Miasiat Witness WitieeieDurrett WitnessDurrette
Durrette is a cousin of tl tlJut the tbeJust aroused arousedJust
Just what the Commonwealth expects eaPeetato expectsto
to prove pro by him is not known owa It Itcineltleftce to a acoincidence acoincidence
coincidence that hat he should abouIdto have gone goalto goneto
to Ronceverte where h the children of ofthe oftht ofthe
the accused a were taken several weeks weekaago weeksago weeksago
ago and from which city cit they tlleycnly returned returnedcnly returnedonly
cnly yesterday yesterdayAfter yesterdayAfter eeterda eeterdaAfter
After a conference of twenty minutes minutesand IDbtUUa minutesand
a and nd in response po to a hurry awry wry call from fromJudge tlO tlOJ fromJudge
J Judge ud < < f Morris the attorneys UOrDey for the theprorecution theprfH theproeecudon
prorecution prfH < utioa returned returnedCaptain returnedCaptata returnedcaptain
Captain Woods reported that be con considered eoaIder eonsidered ¬
sidered Ider Durrette a very important witness wit witness witness
ness He had eent t several telegrams telegramsafter te teafter telegramsafter
after him end would like a few f minutes minutesin ut utIn
in which wbte to ascertain the result r uIt of histelegrams his histcUsrama Mat
telegrams tcUsramaMr t telegramsMr lt r rMr
Mr Lee for the defense wwe said that if ifCaptain ifCapta IfCaptain
Captain Capta a Woods cared to disclose what whathe whath whathe
he h expected t > to prove by b Durrette be bethought bethought
t thought It very probable p + ehabie bIe the defense defensewould defensewould DIIe
would agree to admit t It Ha was very veryanxious veryanxious
anxious to go on with the case and andwould aDdwoul andwould
would woul accede to any reasonable request requestwhich requestwhich ueat ueathlch
which hlch the lb e Commonwealth might t tto make maket
t to < > facilitate facl1tta that tbatCaptabl end endCaptain endCaptain
Captain Woods Woo 8 did not care ear to comply complybut complybut pIy pIybut
but said 14 his evidence was essential tlal to tothe tothe tothe
the > Commonwealths C ODltb case Judge lllda Morris Morrisd MorrI8dlIired Morris4eired
d dlIired nlred to know whether tit Common Commonwoaith CIBOftoalt1 Canmenwatts
watts oalt1 would oul4 ask a continuance in the theevent thetnt thee
e event tnt that Durrette could not be gotten gottenherf aotteaherf gottenhere
herf in time ttaa but Captain Woods 4 4etrrd de derlirt4
rlirt4 to make mak a definite antte answer Wet until untiltti uWt untilth
tti t h < final Issue au cameThe came cameThe ftUBeThe
The case ca oar was then continues until 2 2oclock Ie Estock
e oclock clock this afternoon afternoonWEATHER afternoonWEATHER tteraooaWEATHER
It is warmer to die tower lake lakeand nigina niginaand rnglsaand
and the middle j jer uJaaUe cad COld COlder colder
er in the Socky MountainTPERATURE Mountain MountainTKMPKRATURK MouataillftCMPICIU
f a sale 2 2none
12 DOOIt none 1tt
1 p pJ R ail 0 0f
J f m l elf elfDOWTOWN
OUgislesed 1kct Regibs rat d a et At Asfleere > sieRi Staaderd tsa1 W JC > er errnorater
rnorater rnoratera Ir Iru
f a at atIt a q1t
It noon noonl 1 N 0
1 p m 11N1 11 11f M MS
S p Pp ra W WTB aTJU atTHHZ
TJU TB 0UN 0UNSun fvNSun UN UNha
Sun seta u today todaySun 111 111aun 618Sun
Sun rises tesa tesaTIDslTABLJe toaort w dI dIID 11 11TlDllII
High tide today t 4Jf P PLow Pw n nLow
Low w tide IJdeHlarh today todaytoaloirw4caa llA 4irp = p m aNi mHigh
High Ni NiLow h tide toaloirw4caa tomorrOW tomorroT < 1 a a m 11 11Low p > >
Low T Niw x w t tl4e iX tomorrow Met a a m111t llIt p m
His H is Actions Hindered by byPeople byPeople b bPeople
People Riding on onPlatform onPlatform onPlatform
Platform PlatformHAS PlatformHAS
Slnuige ran a Reticence Retic l1ce of Official OfficialWhen Ofliicilllh OfficialWI
When WI llh hn n Asked A ked Re Reg Reglrdinr Reglrdinrthe ardt ardtthe ircling irclingthe
the Matter MatterOfct Alt tter tterDId
DId the overcrowded condition condiU of thetar tMcar the thewreck
car have an important ben ring on die diewreck thewrack
wreck at Kckington yesterday ytenIawbleb morning morningwhich morningbicb
which bicb cost co Edward R Sprague his life ttfeand Ut UtaDd lifeand
and injured thirty thirt passengers passengersCould page pageCould passengersCould
Could Motorman Colvin have v applied pppltedthe appliedthe ppUedtbe
the brake quicker and more ore sorely It the thefront tbefroot thefront
front platform bad not DOtwAUl been crowdedwith crowded crowdedwith
with passengers PM88ftC and his ala movements ta In Interfered IBterf Intortured ¬
tortured terf with withThese wltbftaeae withThese
These are some of the anesttoas s which whichwill wtaIcIawill whichwill
will be propounded at the Coroners C s in inquest 11IQueR higeent ¬
quest tomorrow morning morningPatrons moraIDtrPatron morningPatrons
Patrons of the suburban IMIrbaa lines have havelong laave10AIJ havelotuj
long complained of the crowded ero oo condi condition COD4tUon dt dtuon ¬
Uon of the cars livery morning and andafternoon andafternoon andafternoon
afternoon during the rush hours the the carsen cars carson canOB
on the lines of the Washington Railway Railwayand RaIlwayII1IeetrIc Rahwayand
and Electric Company COIDp D are 18 loaded beyond beyondtheir MondtMIr beyondtheir
their reasonable Ie nabl capacity The front frontplatforms tNatJllatfonaa frontplatforms
platforms are crowded with nssssngsrg passengersand nssssngsrgand IF II IIit
and it is almost Impossible I for the u me metorman metorman
torman to have freedom treedoIaQuiekly enough ts ttlquickly tsquickly
quickly or certainly certabt IY apply pp Iy the brake brakeSiena blautJM beaksSipe
Siena aa tat Cars Carspassengers CarsOn CarsOn I
On aU U th the ean ear are areen signs wt > ticb any anypassengers
passengers en are not ot permitted to totk stand standon ataadtat
on the platforms but no reganl is paidto paid paidreach
f4II tI this 8 warning by people enxbus aaxJc u to tocb I Ireach
reach cb home after the departments clepart dose doseNeither elo elodther closeNeither
Neither dther da the u lb conductors enforce the therule Ut UtII therule
rule If any D sole te exists With the tiek usual usualreticence usualreticence J JreUceaee
reticence the railroad ratb and officials refuse rer refuse to tosay tobather toany
say whether bather ar not there Is such a anil aI aring
nil ring ringJ
J I B Lackey secretary ut the Ie Wash WashFaSway W WF
i Railway F and had wlaottte Csmnsny Csmnsnyseen eo I Ia
seen by a Times on Tim reporter vepofl r this da18t maeav maeaving motslug
lug t and asked askedIs a8ke4htbere nakedis
htbere Is there a regulation in your 11 Ur com companys COIapaaya roanpenya ¬
panys manual of rules for CIr CIraDd motormen motormeaand motormenand
and conductors forbidding < < people to tostand toon toM toMend
stand on the front platform of c cars earsr r
Mr M Lackey was asked askedI a ed edhi
hi I shall 1 not tell you waa the UMIePIF reply
Are u your regulations wat1ODa open to my m msoeotlon DI8JIItion inor
soeotlon or to the t Inspection i off the pub pvbNo pubIto
No they tbe are not notAre DOthAre notAre
hAre Are they kept secretPsttsesal secret secretPareaaai r rp
Pareaaai p fet Secret SecretWell SeeMtWeU SecretWell
Well they are personal l lna preprty preprtyTbe property propertyThe
The na only thing the pubtto wants to toknow tokaow toknow
know Mr Lackey Uke is whether w you have havea
a regulation forbidding people to ride rideon rideOft rideon
on front platforms The Pollee Departt Departmeat Depart
meat t says you ou have IIav such auc a rule on your yourboo 70WItooIuI yourbooks
boo booI books ItooIuIIf booksIf
I If I say anything anythi about that t at I might mightget mightget t tet
get et into a squabble with the polls polleeNot PGUoeNot pollsHot
Not if you agreed with them themAnyway t tAIaw themAnyway
Anyway AIaw I shall not tell you whether whetherwe wtaeUaerwe whetherwe
we have the regulation or not We Wedont WedoIat Wedont
dont like to have people riding rl Iatr on o the tbehen
frost platfonu platforms but we do dotIaeJII not nottbe
tIaeJII tbe oil when hen they get on tars UieraAnd UIeHAIHI tarsAnd
And In spite of this th there is 1MIeJlIatJoD no noregulation soregulation
regulation IeJlIatJoD on the subjectI subject T r
al I refuse to say y I prefer to beat be beW beWtllat aavted aavtedthat
that Mr Lackey refused to toYIe be bewed Inter Interviewed ¬
viewed YIe wed
Carll Talks Freely FreelyD
D 8 Carll chief engineer en D and super superintendent ItUpwlateBdent superIntendant ¬
intendent of the Capital Traction Com Company Compaa om ompany ¬
pany paa spoke e freely of the regulations in inforce saforce Infarce
force on his lines linesOf lineaOf huesOf
Of course he said we have v such aucbwatloD a aregulation
regulation watloD and I dont 4 Dt think you ou will willmany willaee willsee
see many ny people riding on our front fronttforma froMDlatfOlllW frontplatforms
DlatfOlllW tforma W We a make no effort e ort to keep
that or any n other regulation secret tIt Howcould How Howcould Howcoulcl
could we enforce them if we kept them themsecret tMmaecret themsecret
secret secretMr aecretMr secretMr
Mr Lackey Laeket was not the only employe employeof
of the Washington W n Railway Rallwa and Kisetrle Elec Electric Ekoetrle ¬
trle Company woo proved pro to be uncom uncommunicative uaco uacomUDlcative uneocmunicatlve ¬
municative on the subject of the t e rulesthat rules rulesthat ruI ruItt
that most street railway companies companiesadopt eoaaftl eoaaftladopt companiesadopt
adopt for the safeguarding of the pub public public pubtic ¬
lic Others were approached on the thesubject th thlIubJect thesubject
subject and all refused to talk about it itFRATERNITIES ItFRATERNITIES itFRATERNITIES
fraternal troal brothers broth and fellowemployes fellowemployesof tellowe telloweot
of Edward Id R Sprague SIWC1MUIIe the sole paasgtger passen passenger pquaof ¬
ger of the illfated ear who met death deathin ddaUte deathto
in Ute accident are making arrange arrangements arrangemeats e eto ¬
meats to preclude the peesibflHy pe iibflty of tIM tbestricken tIM8tJ1eken thestricken
stricken family famU suffering uK any any Immediate icmaltateWamasel Immediatefinancial
financial 1 distress clbt Contributions Coatrlb u gins from fromthe tro1Rthe fromthe
the men en with whom w be had c worked at attae atthe t tbe
the tae be Government overnment Printing PrIntS Omve and andfrail andtNla andLied
frail Lied the order of Odd Fellows e1Io have al already albeen already ¬
ready been solicited aoIieit and the t tit e money lItO wtU willbe wtUbe wtUlts
be turned over to the bereaved wife wifeWithout wlf wlfuout wifewithout
Without uout delay delayWhen delayWbeD delayWhen
When news new of Bprague death reached reach reached reachUae ¬
ed the first division of the Goverttphf Government Govern afl1t nt
Printing Office where wb he was wa employed employedaa ploycc ploycccOIDpoaitor
aa a compositor Inquiry was at one onemade on e
made to ascertain certaIn fn whether the family tlIIII tlIIIIw
was w In immediate need of funds It 1 t was waathat
teamed that Sprague e happened bappe te be bewithout
without tMut much reads money J80fte at t the time timeof tmeof taattof
of his death dea and accordingly ae a collec collection ¬
tion was taken ULaen up among his fellewUnf feltow feltowUnzortunately fllowUnfortunately
Unfortunately Unf Y many of the theposltors com comtor composfturs
posltors tor In the first division are absent absenton absenton t tOD
on leave and Dd the collection was not so
large as it would have bay been en had con contributioas contrtbutJoa contribuuoas I
tributioas been received from Use full
force As It was 1st 0 was w secured and andted aadwill andwill
will 1M prated ted to tbe widow today todayI
I In addition tIoII to t his tile tIuaII family wW wWColada re reContinued
I Continued Colada on Third Page PagePeett Pa PaP PagePeek >
Peek P CHreeeeala O nrnt u Wlaa wt WIn mac 9i4 14 P fi PAcIv PAdv
i Adv
rotal for Postal Posta Service S rvlce Is Is18384i998 Is183845i998
188846998 188846998FIGURES 18384i998FIGURES
1 1CWIt
Chief lie It Itinas ef Increase lacrN As Ait JII im i t Tram Trampeetatie Transroctatles Cra CraJiti
peetatie ef f Malls art Jii Rural RuralFree R Ruralfree ral ralPlM
Free Delivery DettvaryThe DeliveryThe
l r
The be estimates for the hot Posjtoffioe ftlD fo De Department Det Dopertinent ¬
pertinent t have been caroA carefully ly serutta seruttahted MIUttItbred e eired i
bred and revised Nf IteeotBjmendKtione IteeotBjmendKtionefor Reeoegieeaiatbawfor 1ttlolMl 1ttlolMlfor
for tbe creation of new J ew omeejrand oNUein and for forIncrease torI forincreas
Increase I eNaM of salaries aaJan have been daap daapproved d daapprav4 p ppr
proved pr v04 in many y i Intunces IntuncesThe 11 tuDcea stunceeThe tuDcealIae
The lIae result It has been that the kur gures to tobe tobe tobe
be submitted to Congress C through the theTreasury t tTreaaury theTreasury
Treasury Department will call for Just Justwhat jwtwbat justwhat
what tbe department needs for the tbeprcp ueJ theyrcper
prcp J Ipwr > r transaction of business businessThe bU8tn bU8tnTtM businessTile
The estimates Uaatu were given out by Pest Pestmaster Pc Pc0eDera1 Peat Peatmaster
master General Wynne at the conclusion conclusionof c inclualonof nclU8loft nclU8loftof
of the Cabinet meeting The Th total In Increased htcreue4 increased ¬
creased appropriation asked is ttStt24M ttStt24Mmaking J1 J1JIWI 1Uitimaking
making JIWI Sq Ute total estimates e tbDale8 for all allbranches allbranches U Ubraache8
branches of the postal service rvlee rvleeKr JsXMS S1i546lNMr JsXMSHr
Hr Wynnes Statearat StatearatPostmaster StateutPoKIDaater atatenst atatenstPostmaster
Postmaster General Wynne Wynnea made the thefollowing tlM th thfollowing i
following followm statement as to the appropria appropriations applOJNtadona appropria appropriabons ¬
tions desired desiredThe tIeairednae desiredThe
> The < closeness with which the figures figureshave aure aurehave gurea gureahave
have been scanned is shown in 11 tie t e fact factthat tactthat factthat
that in the omces ollcea of the Poatmaatev PoatmaatevGeneral PogtnaaterGeneral t ta
a General Assistant u taat Attorney General GeneralFirst aaneralFirat GeneralFirst
First Second Third and Fourth Assist Assistants Assistants a lt ltants ¬
ants and the topograohieal division dlvi on the thetotal thetotal thetotal
total increase loc over the previous prevl wl year yearasked Y Yfrom yearasked
asked from the t e Appropriations Commit Committee Commtttee Committee ¬
tee will be but IMOftO IIf IO This is m In a total totalof totalot totalof
of over a million and a half halfpropriation hNappropria appropria
tlon to be provided In the legislative ap
propriation bill billFor bUtFor bUlFor
For the service in inmoan pne genen3J which
moan the service rvtee outside outJd the t depart department department departmeat ¬
ment in Washington the Postmaster
Generals force shows shows no increase on onthe onthe onthe
the contrary there is a reduction of
15000 GOO In the office of the First Assist Assistant Aultan Assistant ¬
ant an where the salaries of postmasters postnuurteniand poIjtma postmastersand te teDeI
and DeI rentals renta are allowed the Increase Increasewhich Increa Increasewhich e
which bleh is 11m300 2J 7aoo or a total of 98X6s36ao 13630
Is in exactproportion exact txaet proportion rUon to the growth of ofnas
business butAe nas based on previous exnerienc exneriencnd exnerlenceend exnerienceend
end nd the tb record which shows how about the theaercentage thercenwe thepercentage
percentage rcenwe of new postmasters and addi additional addletWDll1 additiumil ¬
tional postomces to be provided for forThe forTrauportti forTransporteUoii
Trauportti ule uleme iltl iltlThe
The increase in the bureau of the thecond theIIeeood theSecond
Second cond Assistant for the transportation transportationof tra llPOrUlttOl1 llPOrUlttOl1ot
of mails 18 is I H6O111 11I111 This indicates the theexpected tlhtexpected theexpected
expected growth in the t e volume of mailmatter mall mallmatter matimatter
matter to be handled in the coming comingfiscal OOiIIPlncJIacal otrningdecal
fiscal year The total estimate Uate UateThe t is isfMKMOa
fMKMOa The Tb increase inc in the appropri appropriation Appropriation PpropriUon ¬
ation Uon asked for the Third Assistantsbranch Assistants Assistantsbranch Ui8tnt Ui8tntbraneh
branch which has aa charge of the print printing prlntI printing ¬
ing I of stamps and stamped ta aped envelopes envelopesand envelopeand envelopesand
and of the accounts ccountll of the d dThe department departmntbut departmentIs <
Is but nao0G8 01 or a total ot R 1100 1100The Ii00 Ii00The
The increase Iner in the appropriation approprla tlon for forapproximately torrural forrural
rural tree delivery Ia IIIOOII 16eua O which 1M 1Mpproxlmately isapproximately
approximately the amount appro appropriated appropriatedfor IlpprolJrJat8dtor rlated rlatedfor
for the department t last year Tills Tlai in insbown SahoWn isshown
shown to be about all that can n be ex expended expended expendedproperly ¬
pended pendedproperly properly by the present force of ofagents otta ofagents
agents ta in establishing and laying out outnew outw outnew
new w routes The increase Incre in th tIN appro appropriation approDriaUoa appropriation ¬
priation for free delivery that at Is J In the t thefore e
force fore of carriers carrie is 71176 JJ 117175 117175Th 171676 171676The 7 7Tb
The Th estimated uU Id dedcle deficiency for the year yearWill yearwill eJ eJIII
Will III be around 57000000 7000000 or orwhich tt 55010 55010which WM WMwhich
which is accounted for almost entirely e Urell
by the Increased appropriations usked uskedfor uke uketor uskedfor
for rural rullLl free delivery
Thirtyone ThirtyoneIs Errors of Law LawAlleged L LawAlleged w wAlltged
Alleged by b t Defense DefenseCOURTROOM
It Is Bxnettaa That the tbc1WH tJteI tJteIYJIt Heal HealNn
1WH Xztewi = xfend Over Te TeOreat T8QMat Temorrow
morrow morrowGreat
Great interest was shown IOWIl Sa tits bear bearing JaearIq bearIng
ing on D tbe appeal ppeaI In the MaebanLo MaebanLoren MagbnLonnsGrut Lo Locaa
nnsGrut ren Ow conspiracy case which wblclaJOday was wasbegun wasbegun
begun today before the Court of Ap Appeals AppeaIII Appeals ¬
peals for the DistrictAt District DistrictAt DlftrlctU
At the hour set for the t e hearing the thecourtroom tbecourtroom be becourtJOOm
courtroom was w ailed to its greatest seat seatIng seatlug t tinJr
lug capacity Many were we content I Istand to toataDd tostand
stand during durtn the argument argumentIt t tIt
It was noticeable that none of the de defendants defendants e et9Bdanta ¬
fendants was present at t the theIon morning morningsession morningsession
session Ion except s muel A A Oroft the theinventor themvtor t he heinventor
inventor of the Grog letterbox fastener fastenerwhich tteJMrwdela fastenerwhich
which It is alleged was w tbe cause oC all allthe allthe n nthe
the trouble troubleThirtyone tnMIIaleTJairtyOIM troubleThirtyone
Thirtyone Alleged Xrre XrreThe ErfWI ZrronThe ErfWIThe
The appeal Is based ba d on alleged errors errorsof eno enoot errorsof
of law of the court below thirtyone thtrt of ofwhich ofwhich ofwhich
which are enumerated Among Am tile al alleged aled alleged ¬
leged ed errors cited is the refusal of thecourt the thecourt u ueourt
court to require the Government Govenuaent to toelect toelect toelect
elect upon which ° count of the indict indictment IDdtctmeBt indictment ¬
ment the defendants should be tried and andupon aD4upon andupon
upon whisk count it would QuId ask k for a aconviction aconviction aconviction
conviction the refusal of the motion to toexclude toexclud toexclude
exclude Government Witnesses WltDe Walter WalterMayer WalterS
g S Mayer and George T Gregory from fromthe fro frothe fromthe
the court room r m while the testimony t moay wasbeing was wasbeing u ubeln
being beln taken the admission of irrelevant irrelevanttestimony Irreleyantteetbaony irrelevanttestimony
testimony calculated to cloud the theaDd Issues Issuesand Issuesand
and to mislead 1lead and prejudice the Jury
Because of these and other O her r alleged errors er errors eFrolll ¬
rors of law of the trial Judge e the court courtis courtIs courtis
is asked to reverse the Judgment nt of the thecourt thecourt thecourt
court below and to order a new trial trialDowfUgs trialDotiglas
DowfUgs Spoke Two and a Half Hears HearsWhen HnoWh HoursWhen
When Wh the court convened at 10 a m mCharles JaChar mCharism
Charles Char A Douglass of counsel for the thedefendants tbedefendantll thedefendants
defendants particularly for the de defendant defendant defendant ¬
fendant Macben began his argument argumentHe awaeatHe argumentHe
He occupied the attention of the court courtfor courtfor oourtforr
for two aqd onehalf hours oura closing c at atltm
1299 p m mMr MXI mMr
Mr Douglass Do was followed toUow by Samuel SamuelMaddox SsmgelMaddox 1 1Mad401t
Maddox counsel coun l for Samuel A and andDiner andDiRer andDiller
Diner B Graft He e in turn was lot followed foIlowed lotlowed ¬
lowed later in the afternoon by John Job H HKumler HKumler I IJCwnler
Kumler of Toledo Ohio counsel connect for forQeprge torE forGeorge
George E Loretta LorettaThe LorenxThe Loren LorenTb
The Tb argument on behalf of the Gov Government Govenunent Government ¬
ernment will probably not ot be coot cootmeaced com commenced co comenced ¬
menced until tomorrow w morning morn The Tfceopening ona onaI onaopealnc Theopening I
opening argument will be made by Dis District DI DItot District ¬
trict Attorney Beach He will be fol followed foll 101lbwed ¬
lowed l wed by Assistant District Attorney AttorneyCharles AUorneyCluulea AttorneyCharles
Charles A KefgwtnThe Keigwtn KeigwtnThe Kel8W1nbe
The be closing lfIr argument will be beHolme made by byHolmes byHolmes
Holmes Conrad special counsel for the theGovernment tlaeGovernmenL theGovernment
Government GovernmentAt
At the > close of argument for the Got Qovernmnt Govttrnmnt Goternent
ernmnt the th final argument In behalf of ofthe fofthe ofthe
the defense will be made Counsel will willspeak 111 11181Mk willspeak
speak in th the same aum order for the defense defensein dele deleIn
in the closing argument as they did in inthe inthe inthe
the opening openlnIt
It I fs I s now expected that thatwin the hearing hearingPlyam healmwtD bearingwt
win wt extend over tomorrow tomorrownow tOlDQftOWP1 tomorrowRyans
Plyam P1 BB Ji > iVudiess si seen GeUa Csike Itk tk sad M LA Liw X XBwmew EtrPMntUacf
> Bwmew iw stottaias trPMntUacf tnNtwritiac > a aAtWt yew
Fight F ht Trkst Company in fnthe intllt inthe
the Waggaman W ga 1nll lnen D Case CaBeTHINK CaseTHINK
Asserted iMrtl That Corporation C < < porattea Is r Ket Cam Campetet Cempetaat c cJ
petaat J 8t to t Beadfe 1IaM Afafev Ida tl tlSe fIlLuze ifSe
Se Large YehtaM YehtaMafternoon v vM YelumeAs
M a N8U1t of the meeting un unatterDoo yesterday yesterdayatternomu
afternoon of the attorneys representing regraserttlitgthe representingthe reRfll reRfllthe
the creditors of Thomas E 11 Wagg Waggamaa w e a avigorous aytprowt avigorous
vigorous fight is being bel made to totit have havethree havethree
three tit lawyers lawy elected as trustees of the thebankrupt tilebaftkrupt thebankrupt
bankrupt estate Instead of a trust trwItpany oempany com company ¬
pany panyThe panyThe panyThe
The names of three prominent kvwy kvwyhave JawyMve lawyers lawyershave
have already been agreed ned upon as candi caadtdates candidates caadidates ¬
dates for this work wGr and they the have haveagreed havea haveagreed
a agreed to serve if chosen They are areSmith areth areSmith
Smith th Thompson Jr Edward 8 McCal McCalmont McCalmoat MoCalmont
mont one OA of the regular ref refbankruptcy referees In Inbankrupt Inbankruptcy
bankrupt bankruptcy y and ad WUUam W Mitten MU who whowas whotluatee whowas
was trustee for the tb Charles C Duecun Duecunson DwC1 Duncriason I1 I1IIOD
son estate estateOne estateOne tate tateOne
One of the attorneys who Is I making makingvigorous makinAorou makingvigorous
vigorous orou efforts to have ha lawyers appoint appointed appoi appointed t ted ¬
ed instead tnr tead of a trust company gave to a areporter arepor areporter
reporter repor ter for The Times TIm this U a morning mornm the thereasons thereIMDa thereasons
reasons upon which those tbo e who whowith stand standwith stallwith
with him on onquestion this question are aretheir baalnytheir baalnjr baalnjrtheir
their efforts a ts along alon t this line lineLargest hDeLaq brieLargest
Largest Laq Bankrupt Estate EstateThis ZetateTile E8ttLTbIa
This Waggeman Waae aaa estate la the largestestate largest largestestate t ttate
estate tate that has ever had to be setti settled Mttkd1a settledin d din
in Washington W and to probably pro1 > > ably the larg largest Jaqaft largett ¬
est that will ever have to be settled settledher settlede settledhere
her here e and 1 1 should be looked after by bythree bythree bythree
three competent attorneys The Th set settlement NtUement setUement ¬
Uement will require the ue UI e of particular particulardiscretion partieuIardI particulardiscretion
discretion dI reUon and Judgment with regard to tothe tothe tothe
the sale Ie of real estate and will 111 have to tobe tobe tobe
be handled carefully carefullyNo carefullyuNo carefullyNo
uNo No one nuur main could handle all the thework tbework thework
work involved and it will require three threeheads threeheada threeheads
heads More than three men would wouldlorra wouldtOI1B wouldturm
lorra a committee that would be un unwieldy WlIeldy tinwieldy ¬
wieldy Ieldy but b t with three competent men metin menin menin
in charge the be creditors would oe sure of ofgetting ofpttlq ofgetting
getting everything possible out of the theestate tbeetate theestate
estate These lawyers will 111 represent representcreditors representcreditors
creditors themselves and for this thi reason reasonIt reasonit 00 00It
It is obvious that they will do all they theycan theycan theycan
can to dispose d lpo of the estate e > > tuttt as advan advantageously advanta80Wlly advantageously ¬
tageously i kil e possibleAs possible possibleAs J088lbleAa
As for a trt trust t company com it would wouldtail dt dttaU ale aletail <
tail the work to subordinates who would wouldnot wouldnot ouId ouIdnot
not handle it aa capably as would the thelawyers thelawe thelawyers
lawyers lawe The T e trust tr t companies have al already alreedy already ¬
ready infringed upon the territory of oflawyers ofIailry ofInWyere
lawyers Iailry ra In regard ItIIaJd to the settlement of ofcstatvs ottaw ofceatue
cstatvs taw and it Is high time that tbey tbeywere tbeyere theywere
were ere checked checkedHusk cheeked1t1l checkedRusk
Husk 1t1l of Claims Cat Cess CessThe Ceases CeuMTtae CeasesThe
The rush of o business b at a t the el elAndrew otltee of ofI ofAndrew
I Andrew A rew Y Bradley referee r in bank bankruptcy IlaDkruptc bankruptcy ¬
ruptcy has apparently ceased Yetwhile Yet Yetwhite YetwaU
white waU there were not tof oi many ny claims this thismorning thlamorn thismorning
morning morn there th4r were three Important Importantones imponaDton importantones
ones on The first bank to file proof of ofclaim ofelaim ofclaim
claim so far to the Farmers and Me Mechanics Melulnica Met ¬
chanics t National Bank This Th l bank filed filedproof Aledpruol Sledproof
proof of a claim thi this morning for IJT50 IJT50uicured M1 13 13urtd 5A 5Asecured
secured urtd on notes discounted The Th Lin Lincoln Linenln Lincoln ¬
coln National Na Uoaa I Bank filed uroof of claim claimfor clHbrtor claiwfor
for iWSW71 flon for notes discounted 4l Ounte4 and andthe andthe nd ndthe
the American Amltrl National Bank for notes notesdisouuntedcUl537 notedlaoounte4 notesdiscounted
disouuntedcUl537 disouuntedcUl537The discounted Uc1L37 Uc1L37The 1537 1537The
The settlement of the trustee truet question questionwill quelltionwW questionwill
will be hail at the meeting of the tb cred creditors credIton creditors ¬
itors which whit has been called for Friday Fridaymorning FrlduyIftort Fridaymorning
morning Iftort n < < when the vote will be taken takenThe taltnThe takenThe
The most prominent candidate among amongthe amon amonth amongthe
the th trust companies is I the Washington WashingtonLoan WaahlnctonLoan WashingtonLoan
Loan and Trust Company
Fierce Assaults of Kuropatkins Desperate DesperateTroops DesperateTroops DesperateTroops
Troops Repelled Again and an Again stn stnama by byOyamas byOyamas
Oyamas ama s Armies ArmiesSTOESSEL ArmiesSTOESSEL ArmiesSTOESSEL
Would Make His Last Stand StandfLt tan at LlaoTishan at1oThnThere LlaoTishanFortress Liao Tishan TishanF0rtras
Fortress Six SixMonths Months Prwfclifis Pr r VJtls ns nsfor There Therefor Therefor
for 100000 IO OQO M MLOSSES Me Men Menii Fl
ii 1 t 1 1 1LOSSES i iLOSSES
From rOM the beet figure obtainable it Is estimated that men thaw thawUMM tIuIa1N8M tissakNON
UMM Flans and Japanese hare been killed or cw1lUUlMlldJa woaaAed d ia bust bit bmttlea IIMU bittic
tlea U tic alone 101M since nee the war began n la Februrary last lostof Jutex lastOC
OC this t1 8 number the Russians Ru la have lost lo S3SM 3 and tae Jtyiayme JtyiaymeN400 J JW vr
N400 W j4
> B
N400In la Bla 1 moat cases the figures srvea PT below are a baaed KBPB the tileOIU ois osamal I re reaorts reports
ports OIU ot the Russian and Jaaaaege comauuMlen f bat c who theae u are areact anJaOt erenot
act available the boat estimates 811tfmat 811tfmatn bare been wed wiiriThe wedThe
The n following totkJwba table shows im detail tINt loaeea eat both r rsix sides Sa tile tile8fx
to toPort k
six ariaefpal battles ttJ of the t e war and a alee the Iqeaea dvrtee the tbePort SM e of ofPort
Port ArtIYalu Arthur ArthurYalu
7r I1kpe Japltttese JaplttteseYalu
Yalu May 1 lI 1 1Wamrhan t tNanahaa
Nanahaa I IJI Hill RI May 86r M u S SVafaagow 314 4M 4MV 4300r
V Vafaagow r aifngo June J1I141I 14li yi ttjMt 1000 1000Halcbeflg 1080HaIeJMn 1000Raieheng
HaIeJMn Halcbeflg July 30H > ii 44wt 4 4Lauyang J JLauyaal JW JWLauyaas
Lauyaas August A iOSeptemfear JO8eIKen1 8 1M0 SN 19JOO 19JOOShakhe 1100k 19600Shakke
Shakhe k River October 1018 l 1J r rPort 4 78000 78000Port oeo oeoPort
Port Arthur Art ar 10000 S 25 26000 26000Total 86000Total 00 00Total
Total losses oa Russian B aide old 53330Total 83J30 83J30Total sa saCft
Total losses ea Japanese J lMUa88eshi8 side r 06400 66400LOli 06400lfe 16400g
LOli > D6 el 1501 1501i
+ lfe i iet R ftgnreg nres have g been = ea r ruetT nC < m t fli ji tm r af C O e eat = taagjgge taagjggeThe T TIIkttJl Ira iha iha1qt
IIkttJl 1qt of tH f lit ght t c1aS bat It 1II Inat t WW dJ1 reach reJICIiat
at least 40 per MIr cent of the Rwaafaa R1tIJIIItuiit loess
it 1 1The
I IThe
The battle of the Shakhe River was resumed today with tevy JJe y at attillerYfire ar artillery artillery ¬
tillery tillerYfire fire This isthe is the tenth day dos Y of the theThe engagement engagementThe enpgemetitThe
The Russians are reported to have taken talhe i many gum IU sueDespite gumDespite S SDespite
Despite appalling losses oases General KuropatWn is waging a despmteRussians desperatebattle desperate desperatebattle
battle battleRussians battleRussians
Russians Many Assaults AssaultsRepulsed AssaultsRepulsed AssaultsRepulsed
Repulsed by Japanese
LO3 LQfIN L Lof X > K Oct It 1IThe Th correspondent correspondentof eorre poadeat poadeatof
of tIN Router Telegram Company with withGeneral withGeneral withGeneral
General Okus army rmy reports that the tbeJapanese tJa tJaJa theJapanese
Japanese Ja are re now In possession CMII of the tbeentire theeBU theentire
entire eBU Russian Jtu8 laB line except a a small hill hillon hWon billon
on the Russian left leftThe lettTh leftThe
The Th Russian center he says 18 has retreated re retreated retreated ¬
treated la 1 disorder disorderAll disorderAll IMorcierAll
All Assaults Repulsed RepulsedBaron Rep RepulsedBaran l8e4l l8e4lBaroa
Baron Hayasht the Japanese JaptUMMthill sabnfetrthis mmtater mmtaterthis
this afternoon gave out the following followingdispatch toAowINtUapatek followingdispatch
dispatch received In Tokyo from flOMMarabal Field YieldMarshal FieldMarshal
Marshal Oyama OyamaOn OyamaOft OyamaOn
On Monday night the enemy y twice twieemade twleenuute twicemade
made fierce assaults ulta on the front ot tae taeright taeht theright
right ht column of our left army y yaIIIo They Theyalso Theyalso
also made some smaller assaults h in 1 the tbedirection tMdirection thedirection
direction of our central and right arm armies arM1eiJ armlee ¬
lee iesWe We repulsed repul e4 them all allThe allThe allThe
The enemy retreated leaving JeaWia < < many manycorpses manycorpses
corpses co on the field fieldTwsatyFeur fteldTwutyFHr fieldTwentyFear I
TwsatyFeur Gone Gti Captured CapturedThe CapturedThe CapturedThe
The St Petersburg correspondent of ofthe oCthe ofthe
the Exchange Exc aDCe Telegraph ecraph Company wires wiresthat w wthat wiresthat
that the general staff has received reoelvedtel a atelegram atelegram
telegram tel stating tatla < < that the Russian RwI Ian right righton rttrbton righton
on the ITth advanced and drove out the theJapanese t1MJapanese theJapaneee
Japanese from six positions positionsThe poeltlonaTbc positions positionsThe
The Russians R the the dispatch dl > > patcla assertscaptured asserts assertscaptured u ueptUhd
captured sixteen ims and eight Maxlentf Max Maxims MaxIIIUi ¬
Russian Sec SuecST SecST SuesST
ST PBTBRSBURG Oct 1LLleutee 1LLleuteeant It TJttt n nant
ant General Sakharon reports under to todays today todays ¬
days day date as follows followsTThe followThe followsTbe
The Japanese Japan yesterday evening at t
Russians Make a Stand StandPierce standfierce
Pierce Japanese Center
MUKDKX Oct lITtle The Russian forc forces toreeat forcesat a aat
at t 11 oclock yesterday forenoon pene penetrated penetrated penetrated ¬
trated the Japanese Japan e center and It Is reported re reported reported ¬
ported captured eleven or thirteen guns gunsand puwnd gunsand
and nd ISO prisoners east of the railway railwayAt raUwayAt railwayAt
At another anot er point during durin the th day the tbeSiberian theSiberian afliberlan
Siberian regiments N menta took twentyfour twentyfourguns twentyfourn twentyfourguns
guns gunsThe n
The Russian operations yesterday were wereterrifically werequite werequite
I quite successful KCe 8ful The Japanese atttr a aI aterrifically
I terrifically stubborn resistance re bltanee were wereline we werecompelled
compelled to retire along their whole wholeUne wholeline
I line losing heavily All the trenches carried car carried carried ¬
ried by the Russians were filled with the tbeJapanese theJapaneae theJapanese
Japanese dead dea < < l In one not ot very large lametrench largetrench Iapl
trench there l ere were counted sW bodies bOd of ofJapanese ofJapanese I IJ
Japanese JapaneseIn J paneae paneaeIn
I In spite of their losses the Japanese Japanesewere JapaDdewere Japanesewere
were undaunted They have brought up
tacked our right Bank in considerableforce considerable considerableforce eoJUdderlbletOlee
force but were repulsed We W pushed pushedforward puahedtorwant pushedforward
forward and occupied positions poa Olul at Shai Shaiaatci 8ba1aatst Shalarttml
aatci aatciA
A number of corpses were buried at atPutltoa atPuwmr atPutlofr
Putltoa HIlL HittThe HIlLfIae IIIUThe
The fIae enemy are now concentrating CODCeDtraU tr in infighting Inlam innumbers
lam numbers against our renterhere center centerNiIJbere
NiIJbere here was DO > fighting on our left j yea yealaY Yesterday
terday laY
Xeferts Premature PitmataraIt
It is worthy of note that this dis dispatch cIIspatcla dispatch ¬
patch of General SaItbaIotr fifth baron makes kes no nomention nouo nomeaiion
mention uo of the decided Russian B success successreported 8QCCeuta successrepoetad
reported in dispatches from roan Mukden MtdtdenThe JiI MukdenThe n nTIle
The test clause of his report acts as asa a aa asa
a denial e IaJ to the re report that the Siberian Siberianments Siberianregiments aterlan aterlanta
regiments ments ta operating opera on the Russian ItussUnbad Russianhad tusalanleft
left had yesterday y captured twenty
four guns
Column ca caTOKYO Stnmusiee StnmusieeTOKYO SunenndLTOKYO
TOKYO Oct IS IA A dispatch received receivedtoday receivedtoday reeeivedtcJodq
today reports that the Russians on Sun Sunday Sunday Sunday ¬
day surrounded Colonel Yamadas YamadasStoesseJs YamadascoIum Yamadascolumn
column and captured fourteen punsStie pros prosSteMM
StoesseJs SteMM Stie sss Last LMtBOMB Stand StandROME StandROME
ROME Oct IS UA A dispatch from fromTokyo Iro IroToko fromTokyo
Tokyo to the Italia MlHtalre statesthat states statesthat 8tate 8tatetluLt
that Field Marshal Oyama has asked askedfor a8k askedfor d dfor
for 70090 reenforcements reenforcementsThe reenforoementsThe
The dispatch also states stat that General GeneralStoessel GeneralStoeueL GeneralStoessel
Stoessel In command of the forces at atPort atPort atPort
Port Arthur is prepared to abandon the thetown thetown thetown
town the docks and the fortifications fortificationswith orttcatfonswith ortUIeaUOllwith
with the exception of UaoTisban UaoTisbanwhere LIaoT18hanaen LiaoTishanwhere
where aen there are provisions and muni munitions muu muuUQIW mutdUms ¬
tions enough to last M Mmonths 855 men en MIx MIxJDOath shemomthath
months momthath
siege guns p and Dd have left no stone un unturned u uturned uaturned ¬
turned to retain the mastery t1 of the sit situation situation > l1tuaUoD ¬
uation Every Ev ry step tep the Russians It have havepushed ha hapuabed havepushed
pushed forward has been in the face f ce of ofa ofa ofa
a superb resistance that has cost the theRussians theRWlllIaDaJ theRuss
Russians Russ dear The Japanese seem to tobe tobe tobe
be willing to fight until they are an annihilated aDnlhtlated annihilated ¬
nlhtlatedToday nihilatedToday nihilated nihilatedToday
Today Is the tenth day of the battle battleRUSSIANS baUIRlJSSIANS battleRUSSIANS
ST PETERSBURG Oct 18 ISThe ISThehtrhstrunc 18Thehighstrung The Thehighstrung
highstrung anxiety of Ute public re regarding reslUdlnlr re regarding ¬
garding war news new still finds relief in of
c = = c = = = = = = = c
The Circulation Yesterday of The Washington Times Wa Was 35380 380 Copies Copiesi
T iiiiiii T

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