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.# Tllffl TIMKH FOUNDKI. IM.. TIIK DIHl'ATCH KOUNDEP !__0. WHOLE NUMBER 17,787, RIOHMOND, VA,, 8ATURDAY, .DECEMBER 28, 1007. PRIOE TWO CENTS. MR. HALE SUSTAINS Surgeon Is to Be Assign ed to Command Relief With Civilian Crew. ONE PRBCEDENT FOUND FOR THIS Unless Mcrcliarit Marine Crew Can Be Secured, Enlistcd Men and Line O.ficcr Will Have Charge?Senator Halc Points Otit F.ffects. WAKI1INOTON. D. C? I. .cembor 27? Tli . orders assignlng fiurgeon Cliarles F, stokes to th. command of the hos pltft) shlp Reli.f are expeeted to ba slgned Hoon, lt havlng been deflnttely declded, accordlng to Secretary Met t.alf, to appolnt hlm to that posltlon. Wlth thls In vlew, every effort wlll be i.ii'1. to obtaln a merchant crew and master for'th. vessel. Falllng to man tlie Rellef wlth a crew from the nier i.'hant marlne, the enllsted force of the navy wlll be drawn on and a line oftt :pr asslgned as captaln. Thr> sohome of havlng a m_dleal ofil i:*r ei.mn.anil tlie Relief. In the event a inerelinnt crew Ih neeureil, Is to hnve n trial for al least slx months, and II ih.- experiment proy'es . atlsfactnry, then the expertatlon Ih thRt the as ."iscnment of a aurgeon lo commanil Im. pltal shlps wlll be a permanent fea tur.-. Admlral Brownson's relln-iul.hn.-nt of hls posltlon as chlef of llie Bureali of Navlgation, carrying wltli lt, asll illd, the ex-offlclo ronnccttori wlth tht Naval General Board, wlll result ln 9 . onsld erable los? of pay to the offlcur Belng entlrely wlthout duty nnd rele g....rl to the retlred list, hls incotm ?..|t! he dlminlsh.d by th* loss of _t ?per cent. of the full pay of an adinlra on tlie actlve list. namely. ?7,_00 _ y'eair. Also h? will no longer recelvi ihe allowanre of ?1.5.0 a year foi ? Hiarters and $..00 for heat and llght lt so. happens. However, that Admlra Brownson ls a man of Independcn' mean-;. and is able to dlsregard flnan cla.1 conslderatloni'. Flnd l.one _,r_c*ncn<. Staff otflrers ?f the navy have dls .over.d a prec.dent for plaeing one o thelr klnd ln > ommand of a shlp. Thli pree.tlent was found ln tbe perlod o the Clvll War, and long before thi papsqge of tb? naval personnel act npen whlch the llne ofTicers rely t' .< up'port thelr eontc-tition that such as slR-nn.-'nt to command is illegal. Th' Clvll War records show _h?it Nin.ai Plnk.y. a naval ..nrg?on, was in ab-0 lut. command fr>r a conslrtern.ble tlm of the M!_.l_-ipPl Bt.amboat R'.d Rovet i-mploy'-il as a hospltal craft durlng th war. Tlie formal order. dated Deccmbe _6th. dotachlng Rear-Admlral Brownsoi from duty as chlef of the Bureau o Navlgation, was made public at th Navy Department to-day. The sam order detach.s hlm from hls member . hlp in the Jolnt Army and Navy Boarc Coinmander Wltislow contlnues to ac ss the head of the bureau, pr-nding th selectlon of a permanent officer. lialf ronimeodn Hro.vnxon. Senator Hale, chalrman of the Senat Commlttee on Naval Affalrs. when see to-day, spoke very frunkly in suppor nf the admlral's cotirse. "I thlnk tha Admlral Brownson hns acte.l wlti prnlseworihy courage and promptnes tn tenilerlng hls resignation," said Sen ator Hale. "I have always sustalne tlie staff O-lcera ln ' thelr rlght fo pusltiv? rank and complete recognitloi such as are received by' thelr peers 1 Ih-. army. and 1 now have a bill penil Ing which glves them such reeognl tlon throughout the service. But I that measure there ls a precautionar provision against glving them actuti command of - any naval vesaol. Thi is the contlnuation and an extenslo of the flght between the two branche of the ?ervlce. That flght Is the em of the present rontroversy, and, be cau.e I thlnk he ls rlght. my suppor ls glvwn unreserve.lly to the admlra ai. against the contentlons .>. Surgeor General Rixey. It may be that on son; occasions staff ofllcer- hav* been I command of vessels, but I know of n Instance when such officers have bee glven command after tlie polnt wa rni*ed nnd both sldes wero heard. do not belleve that the contentlon fc command . by staff officers has bee pressed seriously at any tlme ln tli past. Indeed, T am ot the oplnion tht the old staff officers would never ha\ asked for such recognition." Whut MiKht Hnpnen In War. "Think what might happen if tl command of the vessels should b turned over to a cliaplaln or even to paymaster, and lt ls just as reasonab to put the crew of naval vessels undi the charge of those officers as lt ls l place them iinder the command of surgeon. Evlilently Admlral Browi ?on recognlzes this fact,'and, belng man of eharacter and declslon, he d not healtate lo .resign hls positlon i tho active head of the Bureau of Nav gntlon. Hls vlew of the law and . th? best pollcy m thc interost of tl s.rvlc. was overruled. He wlll in losc anythlng by his manly cours elther ln the navy or with the public ANOTHER DAVIS CAPTOR Iloosler .. bo Clalnia Dbitlnction 'Dl< ..|_e?l 03. THORNVILLK, IND., December 27. Klnsa 'J3elt, one 'of tho captors Jefferson Davls. the Vresldent of V Confederate Siates, dled, yesterda aged'sjxty-three. 'Belt wns for yea ?.'? merchant of ? Thorpvllle, : but f ?onie yee-rs.has been livlng'on-hls far: He was a dlspa.cl. bearer ot. t Twelfth Ohlo/Volqnt^er Cavalry. . ,,.'.?? .. .1. Voulh Held for lloiufbreaking. (Speelnil to The Tlni?.-DI?patch.l -NORFOLK, VA.. December 27.?.T Bwlnsi.n, Jr., a boy ln hls teeus, w to-day hold on'a housobrenklnK chari lt belng alleged that he broko into hardware store? .on Clty Hull Aven tn. stole knlvos, razors, etc to t V*.lue oC *90. "?'.''-?- * l-evv G'nrnllnn ltural Uoute. WASHINGTON. D. C.^ Dfioepiber 27 Vade H. Wliltesldes -has been a polnted regular. anil Wllllam Fly ?ubptl'tute, riiral carrler on route . 1 at P?ee ' N. C. SOUGHT TO INJURE HER Anonymoiip. i.rttcr fifiii t'i llr. Ilrrwrr Iloflectlng on Mr*. A m-nbilry. f Hpecfnl tn The Tltnes-Dl .uttiih.J DANVlLLrJ, VA., Deeember 27.?Ef fortM woro made sovoral week'. ago by some arronymous' wrlle'r to Injur** the reputatlon of Mrs. A'. V. Amesbury, teacher of the vocal department at the Roanoke Woman's College h _r., ?who was kllled by her husband, Dr. Walter Amesbury, Chrlstmas Day at Mydn Park. Masu. Professor .1. IJ. Brewer, presidint of the Koanoke Col? lege, who hold Mrs. Amesbury In high fHteem both as an instructor aml n? a lady, snlci to-day to The Tlmej-Dls patch eorr .spondent: "Several week* rtgo 1 recelved from Hyde Park, Mass., a. typ . wrltten latter sorlously roflectlng on the character of Mrs. Amos? bury anrl siigg.stlng that I dls chargn her at once. The slgnature, 'Mrs. Homes,'. was also typewrltten. The whole thlng looked spurlous'to me, and at llrst I thought lt was . some blfli'kmail scheme. Wlthout saylng anything to any one, I kept tho letter for several days In br ' der to conslder the matter more thoroughly. In thn meantlme. how I ever. I loarned that Mrs. Amesbury had told my wlfe that she had re? celved a b*tter from hor husband j to tlio effeel thnt such n letter had. boen wrltten to me. My wlfo Cold Mrs. Amesbury that sht* (Mrs. ] Brewer) dld not thlnk tho letter ; had been dellvered." Professor Brewer further nald that before mentlonlng the contents of tlio letter he auked Mrs. Amesbury about Mrs. Homes, and was Informed that she had been dead for some tlme. Mrs. Amesbury then told of recelvlng a let" tor from her husband saylng that he had learned of the letter whlch was wrltten to Professor Brewer, and that he (Dr. Amesbury) conaidercd lt an outrage. Professor Brcwvr turned over the letter to Mrn. Amesbury, wh.. mailed It to her mother. Mrs. Rec*. nt Hyde Pnrk. The theory of Mrs. Rees' was that It was wrltten by- Dr. Am?*s- I bury. Proff-ssor Ilrewer Is of the opln-i( ion that Dr. Amesbury - wa*< very anxlous lo get hls wlfe away from Danvilie In ordor that she mlght re? turn to hlm. and for this reason wrote hlm the slanderoiis letter, hoplng that he would illnchntge her. At the same tlme. however, hc bellevos that Dr. Amesbury wanted to galn thc affectioti.1 ? of hls wlfe, and wrote her informing lier of tho letter so aa ' to appear In the light of dolng her a klndncss.-Thi*. letter ls thought to be now In thc possesslon of tho Boston pollce. OPEN DRUCE GRAVE MONDAY Myntery of Cn*UrtV t'ont^nt* ?o Ile Fl nally .olv?*d. LONDON. Deeember 27.?Th-* Consis tory Court thls afternoon grunted per mlsslon for tho openlng of the grave Of T. C Druce to dc.-lde whether lt .ontalns a body or a roll of lead. Tho, actual date of the exhumation W be-1 ing kopt socret in ord?.r to avold at-! tractlng a crowd. but there ls reason' to bellev. that Monday or Tuesday of j next week will ?oe the mystery of the i coffln cloared up. Tho court has ro-j fused the applieatlon of George Hol- | lainby Druce. a grandson of T. C..; Druce. who is brlnglng the perjuryt Hult agalnst Herbert Druce to ?ub-! atantlate hls clalpi to tho title and i l vast f-.si_.te. of the.Duke of.Portland.} - to be present at the openlng of the grave on th? ground that It An deslr able fo Ilmlt to the .utmost the num? ber of pori.on.. present nt the exhuma? tion.. O. Hollnmby Druce, however, wlll be offlcially represented. COMMISSION JU'BAL EARLY \nniMnki. of Knmim. Confederate Ainonic Now Mcnt rnnnl*.. WASHINGTON, Deeember 21.?It *.vas announced at the War Department to-day that thirty-seven candldates for nppolntment- as second .liouten'ants In the army had suceessfully. passed the recent compelltlvc examlnatlon, and wlll be comrr.lssloned lii tbe order ln whlch they pussed. Of thls llst four? teen of the successful candldates havo oompleted thc probatlonary perlod of two years' service in lhe ranks of the army. Tlie other twenty-three success? ful candldates are clvlllans. In tli>_ latter category are Jubal A. J2arly. relatlve of the distlngulshed Confed? erate cavalry leader of that name, and Webster A. Capron, son of Major Allyn Capron. who dled at Fort Myer as a result of exposure ln the Cuban cam? palgn. '"'?".? FOR STRIKING HIS WIFE Dnnlrla. Glven $S0 Flne nnd Slx Month*! In Jail,' Taken Appenl. fSoeelal to The linies-Dlsnatch.1 NORFOLK. VA., Deeember, 21.? De claring Carl L. Danlels. a salesman. tbe meanest "brute" that he had .ever seen. the prlsoner havlng admltted that ho struck hls -wlfe, .lustlce Slmmons. in the Pollco Court to-day, Imposed a'pen adtyof $50 flne and slx months ln Jail. on two counls. The defendapt gave notlce of appeal." Danlels pleaded not gullty, explain Ing to the' court' that hls slster-ln law was egging his wlfe on to quarrel with hipi. that he, struck at Mrs. Towles, the slster-ln-law, and that hls wlfe.' Jumplng in between ? them, - re? celved the blow intended for nnotlier, He charges Mrs. Towles with the re? sponsibillty for the fact that he and IiIr wlfe cannot get along together. Mrs. Danlels charges repeated mal* treatmenl. declarlng that- the defend ant spends all of hls money ln pool rooms and leaves hor to' suffer for ir necesslties: MISSING GIRL IN LOUISIANA Slie Is De*?*rt*d by Preitolier Who Kl.ipe.1 Wlth Jlcr. NEW YORK, Deeember' 27.?That Floretta Whaley, the youni? ^rlrl who oloped last Aprll wlth tln? Rev. Jere K. Cooke, then pastor of St. George's Kpiscopal Church, of. M. mpatead, .may bo now ln Loulslana,- is Indlcaled ln a lotter recelved ? to-day ; by Sainuel- T. W'right, chlef clerk of the Nassau county Surrogate's Court. The letter ls tlated frcim Fiuden, La., ls post niarked New Yerda, I.a.,'and stgned'V. O. Jones, . It' says that a glrl about seventeon or elghtem years of age, who gave tlie name of Floretta Whaley. wa* brought to hls liom. last Aprll by a man named Cooke. The man sald tlK- glrl was hlr, stopchild; that her niothoi* was ?5oad. and .that he was-no longer ahle to. cnro.for her. ' HOLD TROOPS' IN READINESS Serlous Race Clastl, ls Feared ln Okla honii 'foirn,-. GUTHRll*., OKLA,, Deeember .7*? Governor Haskell to-nlght sald that he had recelved dlsciuletlng reports from Henrletta,' and 'tliat two companles of national gitards- .are. in readlnoss ' to niove to that town' at any ' moment. fle - ls aw'altlng a','tologru.phlc' -ron'uest from tho Mayor for-help,' Armed guards are-patrolllng' Henrletta, and oflVc'or**! are efidea'voi*lhg to llnd %n, arnied body of negroes,''last .reported four'-mf'les frgnr town, . ?' ? > ? ? ? l -'? ? ??'.,. : AMILY OF FIVE 7ather, Mother and Their Three Children Bum With Their Home vfElCHBORS SEE FLAMES TOO LATE 'iremen, Out on Another Alarm, Reach Burning Residcnce in Time to Rcscue Bodies of Father and Two Sons, Others De stroved. WATKRTOWN. MASS., Decembor 27. -John C. Clark, a nale.sn.anln a seed .ore on Faneull Square, Boston, whose onie was on the bordor of thlft town, ith hla wlfe and chlldren?John, leven years of age; Phlllp, nlne years, nd r.orls, two years?were burncd to eath whlle they stept at a nre whlch ompletely gutted thelr home early .-day, The fire was dlscovered by persona ho rcalde In the vlclnlty about 1 'clock. Evldently the blaze had beer 1 progress through the Interlor for rimc tlme, but did not show on thf utside. As noon as the flre was sc.r li'aiarm was sound.d. but thc flremen alb'd out half an hour prevloualy by fals. nlarm some distance awny, wen ot back at thelr -luarters when the larm for thc Clark home flre wai ung. The Clark house Is st tlie northerr nd of the town, and about two mlle; roin the town etntre, but the flremen nc'e started, urged thelr horses to toi peed to reacli the scene as soon at Itey learned of the alarm. On arrlvlng the flremen rush-. hrough tho flre and smoke lo the bed ?oom-, where the Clark family. stll vere, and brougnt out the father an. wo boys. They were found to be dea. ivhen brought Into the open atr. Th. Ire wa? too hot to allow the tnen I. 50 bsck for the hodien. of the mothe: ind littf- Dorls. The bodles. hurnei icyond recognltlon. were found ln th; -ulns several lionrs later. Worked Hnrd lo Control Klrc. The flremen and men from neigl.bor ng houaes worked hard to eontaol.tlv 1re. but the bulldlng was an eas; _rey of the flames. The ho'ise- wa i new one and well fitted up. standlm _t the corner of Hovey and B-lmon _tr.ets. It was two and one-hal itorlea hlgh. the Ciark famlly bed rooms belng on the second floor. Mr. Clark moved to Boston fmi Washlngton twelve years ago. H had beon employed in a seed store ? llie latter-clty. Hle father, Jahn^.f Clark, is reported connected wlth th sbvernment at Washlngton. Mrs. Ctar \ya* a Southern.woman. Mr Clark's father was notlfled o the tragedy to-day and wlll come her to-day to take charge of the bodles. POWERS'S DEFENSE CLOSES llny I.evotetl to Effort ti> Dfcc.eill .Vltn.s--" for Mete. OEOROETOWN. KY.. December ._.. Th6 defense to-day rested ln the trli of caleb Powers. wlio Is charged wlt -onipll.'ltv ln Ihe assasslnatlon of Wl llani Goebel. . The prosecutlon then bt ean rebuttal testimony. The proceedlngs to-day were tnalnl ilevolcd bv the defenae to breakln down the' testimony1 of NoakeB an Golden. and for thls purpose they it troduced several wltnosses. chlef whom was Attorney W. R. Jewoll, ( Danville. 111.. who testlned that Noaki made his Danville statcment ln tl nresence of hlmself and Attorney Ma LeWis. but refuscd to slgn it unlei pald to do so. He also ? stated tht nothlng wns sald to Noakes about statement belng wanted to secure new trial for Powers. thus direct! contradlctlng Noakes. R; L. -vlcClure. n newspaper c-orn SDOr.dent. testllled that Wharton Gold. sald to him ln Lexlngton on the d? that Henry Voutsey's conffMlon *1 peared ln the n.wsuapers: That d fiiol (ni-anlng Youtsey. is talklng ti nrucli. He won't get a cent. I hc that fixed or cinched/' j, . . Th-* court ailmonished tbe jury th. this evidence' only affected the cred bllltv of Noakes and Golden. .State's Attorney franklln asked ft a subpoena eompelllng the State Au. lior to brlng hls books and to sho how Wh of the .1.00.0.0 Goebel ,-, ward fund has been expended ln tl prosecutlon . of these assasslnath cases. This order la returnable Mo daDurlng tho noon ' adjournment _ court Judge Slms. chlef counsc .for tl defense. mibmltted a proposltlon the Commonwealth for Judge- Morr to lnstruct the Jury nnd submlt tl ease wlthout argument on elther sld State's Attorney Franklln. I'oweye refused the proposltlon. and the arg ment w 111 be gone Into._ FATAL~FALL OF BniDGEMEr Collnpsr ?f Fslse Work Cnunem X-.n nml Mnny _njiirl._. PHll-ADEI.iPHIA. PA.. December- '. ?One man was killed and nlne othe were Ihjurcd; two of tl-cm serious! bv the collapse to-day of a portion fal.o wovk supportlng a new eoncre brltlge over the Wlssahlckon Creek. the northwest sectlon of the clty, Martln Simpson, aged thlrty -jea was crushed to death by the fallli mr.eSrnard ' Mears,' aged thlrty yoa: received Internal injurlcs. ??? b0 arms were crushed, one of them badlv that lt Imd to bex amnutat? and Joseph Layton. aged twenty-nlr was Injured about tho splne and bo of hls hands were crushed. . ? . Seven other work men were cut a brulsed by the falllng framework. . The bridge, whlcli-ls tb-.-largest cc crete .tfuctiirc ln th? oduntry, and t onlv one of Its, klnd |n -the .world. h just been completed. It I. Known the Walnut La". Brldge. and was bu bv the clty at a cost- of ?8O0,OOO connect' Germantown and RoXborouf ^^re^Uew^'fell I40.feet from t hlgliest polnt ln the brldge. DRUNK, HE KllLS BROTHEI nrlvrs Mothor Out ???! SboOt?i B IVtenillni. H*r. "y .VBTTEVIIyljl., GA., December : '?Joe Boadlaa shot nnd. killed 1 brother, Nat' Beadlos. ItiHt nlg at tho. home' of hla "-f.qtl.er. . Jo^.n returned home> tq spend the hollda: and beg^-n drlnUlng. Ilo ran ht3:m.ol er from: the'^house, wnd s.h'.. Inform hls brother, who? attempted;,to au hlm. Joe resentod the interferenco Nat. and tho shootlng; followed, NEWLANDS ASKS TPOOPS .V.vrnli. SenjUor t/rge* Tholr netenllon nt ?-Ol?lfl_I<1. ! WASHINGTONi D. C, Deeember 2".-? Senator Net*'lands,, of Nevada. Is on l deavorlng to pi<e v ent a withdrawal of th. liovernment troops from Goldfleld I untll some other means of protee.tlon ls I had. to-day he called upon Secretary 1 Taft and s'trongty urged that tlio cxe jeutlon of tlie' ordor Issued by tlie *<"* retary for the -withdrawal of the troops noxt Monday bc su?|iendod. He ha*' had ap opportunity to , communlcale wlth Oovernor sSparks, siid endeuvorod ! to Indiice hlm to call the Nevada Leg? lslature together. Secretary Taft has beon advlslng wlth Secretary Root on thls subject. nnd cojnmunlcated wlth tho Presldent nt Plne Knot. Unless the orlglnnl or? der is modlfl-d the troops must leave Goldfleld next Monday morning and be fore the Presldent returns to Washlng? ton. Admlnl?tratlon ofllclals fool that the present situation ln the matter of the ! Goldfleld case cannot bc contlnued, ln vleW of the doubt that exlsts as to tho constltutlonal rlght of the exocutlvo to' emplov any part of the regular army In Nevada under present oondl I tlons. Secretary Taft to-nlght decllne,] ! io state what coume he hnd reconi- : i monded ln the -matter, nor would he j state whether ho had heard from tho President. In turn. Secretary Root. sald that the White House was entlrely',1 wlthout advlces from Plne Knot, as the j: Goldfleld questlon t.ii_ belng handlcd by the War Department. FIVE DEAD INAWFULCRASH Pannenge'r Train Colllde* Hend-on Wllh Donble-Header. DETROIT. MTCH.. Deeember 27.?i Specdtng through adense fog at forty j mlles nn hour. Grand Trunk passenger j train No. 6, whlch left Port Huron j shortlv lisfnre 7 o'elock t<->-r>l_r.it for I thls clty. colllded head-on wlth a dou- ; blo-h?>nd*r frelght train twelve mlles north of Lenox. Mlch. Flve tralnmen met death, four belng kllled initnntly. the flfth dylng throo hours later. All, tho passongers ..Scaped Injury except j n baby who''was only sllghtly hurt by i belng thrown out of its mother's arnisj and over a seat when tho trains crashed. The ,Iead aro: Englneer Bennett, of the passenger englne. Englneer Bohowskl, of the flrst frelght englne. Flreman Boughner. Flroman Albert McCall. Swltchman W. G. Taylor. Th?*~ passenger locomotlve plowcd un? der the englnes of the doiible-hrader. and thc vlctlms were buried ln tlie wreck. Thelr bodles were terrlbly manglcd and scalded by the oscaplng stfam. Englneer Fred Haug and Flre? man Washburn." of the second frelght entrlne. escaped death. It is alleged thnt the swltch was not properly closed, nnd on account of the heavy fog which prevaiUd the passenger crew could not see that the target was set agalnst them. VIRGINIA RETAINS RECORD Battl-ahip Beat* Vrrmont I* Kxcltlng (oullnac Coiii|_etltl?n. ^| PORT OY SPAIN. D.ecemty-r 27?Th<* ' tender Yankton*;jeft here to-iiayln.il _! vance of the fleet - for Rlo de .lauelro. ^?She is convoyed by thc auxlllary erUlser Panther. Flve of tlie' bat.tleshlps of the squadron weighed anchor thls morning a'hd steam'ed out Into tlie Gulf of Parla to "awlng shlp" for the ad justment of compasses. Thoy returned to the anchorage at midday. The fleet wlll leave Port of Spaln for Rlo de Janelro. Its next stopping place, next Sunday morning. The coaling will be flnished by thls evening. A fresh batch of about .-,000 liberty nien came ashoro shortly aftor noon to day, and are drlvlng or walking about the^ town or have gone to the races. j A large number of offlcers also came aBhore for the race meeting, of whlch thls ls the second day. DanceB were glven by several prlvate cltlzens last nlght ln honor of the vlsltlng offlcers. The colller Hannlbal left here to day for Pensacola. whence she wlll tow the gunboat Machlas to New York. The colller Leonldas left here to-day for Hampton Roads. Both vessels carry mail. The Virginia and Vermont vied to-day in friendly rivalry to see which could get the most coal on board In the short est tlme. The Virginia won and re talns . the record gsilned previously. RUSSIAN EMPRESS ILL Hniltli Bxtroini-ly llnd, She Belng Ctmflnrd to Bed. - ST.' PETERSBURG. Deeember 27.? No offlelal announcement was made to day ' concernlng the -conditlon of Em preas Alexandria. wlilch leads. to tlie presumptlon that there has been no new alarmlng developments in hor allments. For ? some time II. ?? Majesty has. been sutferlng trom a slight at tack of liifluenxa. Previously sho had congulted a speclallst apd had sub mltted" to a severe reglme to ' reducu her welght, and her present affllctlon Is'ascribed to thls. Inforniatlon reach Ing the Assoclated Press from Esarskoe. Selo is to the effect that the health of the Empress ls* extremely bad and that she ls stlll conflned lo lier bed undor the ,care of, PrOfes.f?? Eugen.* Botkln. A reeommendatlon thnt Her Mnjesty go. to the-'Rlvtora met with stern' rejection; the Empress being un i ivllllng to llsten to a suggestlon the adoptlon of wl.tch would mei.ti separa tloif from her children. Especially wfts thls truo In the oase of the helr "ap pavent, Grand Duke Aloxls Nlkolal vjt'ch, for whosa safety the Empress is so 'anxious that praclically she never pormlts hlm to bo. taken from her slght. .. '_ DESPERADO SHOT BY POSSE SUyer of MumUal Bwrned Out ot Bnrrl ? > ende nud' Kllleil.' . MIDVILLE. OA- D?cmb;r:7.-J''!w Malor. the negro who r.cently .-hot nnd kllled J.'W. .Drinson, f-wn-mars-aj at thls place. .waa- thi*' afternoon shot .into death bv a poss*?. Malor was found "e! n a*hou_e about three mlles trom ' idldvtlle, and a party of whlte cttt?''*!' set out to 'c.ptur* hlm. During tlie attompt a'shot from-thP hou=<j b-.? Ma? jor struck Mr.'WilHams, th*. prmnt town marshal. InfllctiPg ?? M*M wound Ih the hand.; The houst 1|1 whleh Major had taken refgge wa. sot on flre to drlve him out. Majoi flnally left tho l-ous-e. .flrlng^both bov rels. of hls gun wlthout effect and was. lmmedla.tely shot nnd kllled. A party of arnied m-n f ,mi> ff.ni Mlll n to ald ln hls capture. To-nlght ne. rl> evory man on the i-treet Is oarrvlniit n shotgun or rlfle. but It ls hoped tlu-rr wlll bo no further trouble. -Practlca;ly not a negro Is to be seen to-nlght and every.lhlng ls qulot_, , . ? t'.intliiue 'Wnll.h Trliil. "CHICAGO, H.L., Deeember 27.?Tlp trlal of 'doluii R. ">Valsh to-day wnt 6optlhiied ' iintll next Thursday, bo cnuHe'bf tlio lllness. of ono ot' the Ju**ors .HREE KILLED IN Tender of Accommoda tion Train Telescopes the Next Car. WRECKED COACH PARTLY BURNED "\ccommodation Train About tc Rtin Into Rear of Atlantic City Train in Fog When Breaks Are Applied, Causing Fatal Wreck. CAMDEN, N. J.; December 27.?Threi H-rsons were killed and elghteen ln tired In a collision on the elcvatec racks of the Pennsylvanla Rallroad ust outslde the stat.lon here, to-day vheri a Pemberton accommodatlon trnlt ?an Into the rear of an Atlantic Cltj ixpress. . A heavy fog was the prlncl >al contrlbutory cause of the accldent rii. dead are: C. P. Sontjen, Slanwlch. N. J. J. L_ Garbarlnl, Mount Holly. N. J. T. L. Webster. Merchantvllle, N- J All thoso killed or Injured were pas ?ngers In tho ' flrst car of the Fenv bcrton nc.ommodatlon. Both trains .vere due In the Camden station at 8:3' V. M.. tlie Atlantic (.Ity expres. havlnj irecedencc. Thc fog was so thlck tha thc engineers of the two trains wert ?iinnlng catitiously. and Just 'outaldi he station the Atlantic City traln wa, ?ignaled to atop. The engineer of thi .'.mborton-traln falled to see the At lantlc Clty traln ln tlme to avold s :olllslon. but he Instantly jammed hli irakes down hard when lt lootned ui through the fog. The sudden Jol forced the tender of the Pcinbertoi train Into the flrst car. wrecklng 1 badly and either kllllng or Injurlnj verybody ln the coach. The traln however did not come to a full stop but stld Into the rear of the Atlantb Clty express. causing the tender t. <Ull further teleseope the flrst car The force of the collision war sllght r.nd no one was Injured on tho forwar. U-nin. Cnr rnr-lnlly 1-urn.i. Hot coals from the wrecked loeomo tive of the Pemberton traln set th wreckage on flre. and It was at flrs fenred that many of the Injured pas Kcngers. who were plnloned under th heavy. twlsted Iron and wood. wqul. be burned to death. but the promp actlon of the Camden flre department l extingulshlng the flames. and the eftl ci?_ht r.scue work of the unlnjure passengers, tmdoubtedly saved man lives. Several of the Injured may dle. IS SNATCHED FROM DEATH Siny . Grnn-.d Negro Murdcrer AVhp - H<> Seinrd Do'omed. BIRMINGHAM, ALA.. December 27. Just as the black cap was about to b pluced tb-day-over the head of Ilenr Thnxton. a negro. convlcted of th kllllng of S. T. Hunstucker, wh'.te, tclegram from the Governor ordcrln a suspenslon of the executlon for ilt t-ien days was dellvered to thesherlf 3-h- prlsoner ralsed hls hands and ex cialmed: "My Ooil." The negro __a mnde a statement from the gnllowi or.d ln a mlnute more the trap woul have been .prung. At thls polnt tov mess.ng.r walked up to the gat. banded n telegram to Chlef Deput Brown, who oulckly crled out: "Holi colonel; wait a mlnute." Their th sherlff inounted the steps of the gal laws and read the message aloud. Tl: prisonors In the Jall gave aloud chee and the prlsoner was led back to th jall oraylng ..nd woeplng. . - . SHOT BY HIS BROTHER CInudr llurber Serlonsly ..Voiinil-d li .-celHental Dtsebnrge ot .-un. {Sp.cinl to The Tlmes-Dlsp-iK'h.J SALISBURY. N. C. December 27. Claude B.arb.r, aged nineteen years, ar a son of a well-known citlzen < Rowan county. was accldentnlly sh. and seriously wounded near hls hon at Barber's Junctlon .yesterday by brother. Wllllam Barber. The two wei huntlng. and Claude 'was ten feet ' front, when Wllliam's gun was dl charged, the load of shot tearlng large ho)e.|n the sldeof Claude,-wl fell in'hls tracks. He was brought a hospital ln Sallsbury. and by an oi eration to-day the'shot were reniovi from near the heart. Hls condltlon crltlcal. WIFE KILLS HER HUSBAND Mra, John , S. Moore Clnlin* She Sh. la Sel.-De.onHr. VALDOSTA, GA., December 27.?Jol ft. Moore. a well-ltnown citlzen . Stockton, Ga., was shot and killed the by hls wlfo to-day. Mrs. Moore claln fclf -defense. She says her husbar uttaeked her wlth a knlfe. throatenh to cut her to denth. S-he selzed a pist nml nreil,' kllllng hlm. Moore wi drinklng. Moore killed a man sever years ago In tho room In whlch 1 died. Mrs. Moore was a Mlss Bas duughter of a well-known cltize Moses Bnss. She has not been arrcst. ? EX-GOVERNOR JACKS0N; DIE Promlncut -Inrylaailer. Long Kecli IV.plres In M. ep. j BALTIMORE. MD., December 27, 1 Former Governor Ellhu Jntkson dl : here to-day at the nge of seventy yen I He had been ln bad health for ycit i sufferlng from rhe14n.atl.rn. complieat ! heart trouble. He passpd away lu I 1 sleop. Mr. Jackson was Governor ! Mnrvland from 18SR untll ISH2. n ; lWbro: and sluoe that perlod had serv 1 aa a member of tho State Legtslatu : Ho had extenslve lumber Interests ? the South, through whlu,h h - amass ?,a largo fortune. . . . 1 - "" ' ' Cnlnnrl Bovrden Very III. ISl-e^'iHl to ihe Thi)---r>i3i>ni-h.] NORFOLK, .VA., Deeembor 28.?G i V_. Bowden. Repu.bll.nn natlona.1 co mltte.oinan for Virginia. ?and clark the Unltod States Court hero, Is ve III. . Lato to-nlght there ln no Itnprot mont ln hls condltlon, . .-? " " ? . Recelv. f-l-- lu llonie \Vntrm. RAL1-IGH, N. C? r.ecember 27.?Ge ernor Glenn hns been notlfled by t Navy Department thnt the ba'ttleal Nortli Carollna. when lltted for'seryi will. receive the iiilv.r servico'to prosontod by tho Stjito of North Ct ollna In Cape Lookgut Imrbor, SENATOR SCOTT IN POLITICS West Vlrglnln, In - nniparlng \?plrnn(i, ftny'n Palrlmnk* ' Is Slroag. WHEELING, W. VA? Deeember 27.-* Senator N. B. Scott. who arrlved here to-day from New Vork, In an Intervlew sald of tlie Rcpubllcan presldentlal candldate*: "Mr. Cannon has the advantage of tl.e Republlcan Cortgressmen, all belng wnnn personal friends, and should they go Into thelr Indlvldual dlfltrlcts and mnke a flght for delegntes, lt would make hlm a pretty strong candldate. and he would be hard to beat. I would say thnt Taft, posslbly, ls leadlng at thc present tlme, but you know he Is |n danger of belng slaughtercd In the house of hls own friends, or rather In the house of Foraker's friends. If Foraker succeeds ln gettlng a falr share of the delegatea from Ohlo, lt Is golng to he pretty hard to nomlnate Taft., "Falrbanks Is a good, clean, strong man. and the country would make no mlstake in nomlnatlng hlm. In my oplnlon he ls golng to show a great dcal more strength when \iJ comes to the conventlon than a good many peo? ple look for. "Knox ls a good man, would bc pre fectly safe. and probably there is no bettcr lawyer ln the Unlted Sta.is. Hughes, ln my oplnlon, ? Is not well enough known, and I do not bellevj that the Republlcan party wants a ?viark horse' or wants to take.a chance as to what the polltlcs would be undei a man like Hughes. VI ahould sny there may posslbly b? some klnd of a financial measure nasied, although In conversatlon Sen? ator Aldrlch told mo he was golng tc go very alow and be careful; that pos? slbly lcglslatlon mlglil only make con? ditions worse. For my own part, l am really ln favor of a central bank some.thlng on.the same system as th< central batik of Germnny. My ob ?' servatlon !s that the men who knov. . i the tenst about financial nnd buslnc-i 1 mcthods of the country are the moa anxlous fellows to rush In and prepan new currency bllls." Thc Senator denled that' he assallei Prosldent Roosevelt ln n recent speeel before the Potters* Association. ant sald hls relatlons wlth the Preslden wero most frlendly.: ? DRUMMOND FOR SHERIFF Appolnted for the Unexplred Term o Nhertff Beard. rRp**clnl to The Tlmes-Dlsnatch.] AMHERST. VA.. Deeember 27. Judge Bcnnett T. Gordon last nlgh appolnted Mr. R. H. Drummond. sher lff-of thia county to succced thc Iat Jno. P. Beard. who was kllled in Dan ville last month. . Tho appointmen was for the term whlch wlll end O' the 31st of thls month. It Is general! conceded, however, that Mr. Druiri mond wlll also be appolnted for th full term. of four years, whlch begln on the lst. day of January. Mr. Drummond held the offlce o shcrlff once before when lie was qult a young man. He was also one o the conunlssloners of the revenue of th county for a long tlme, havlng bee d<-feated for thls offlce by Mr. A. t Beard, who dled tn Danvilie the nex day after the death of hls brother. AGALNST CJImWsION MEN Muat I'ay Fnll Fare Whlle l.ookin , After Sbinuieoii. WASHINGTON, Dedembei* --?. 27,?A adminlstratlve rlilliig, issued to-day,,b the Interstate. Commerce Commissloi holds that empl6ye ur produce compa nles must pay full fare ln travelin to polnts on the carrler's llnes whor they expoct to seotire conslgnmentn an bocome caretakers, and that the limito tlon of the,rates to ..hlpmcnts handle by steam power as agalnst.tho.se liar dled by electric power. Is unlawftil an must be nllmlnated from the tarlff. Th coininlsslon adheres to Its ' prevlm; rullng that carrlers must exhaust the logal remedles to collect undercharge from conslgnees before flllng thelr p< tltlons for redresB. MR. TUCKER HAS BEEN ILL l.x-1're-ldent of _.xpo*Hioii Wlll G to Norfolk Tii-lliir. [From Our Regular Corre .pondent. 1 WASHINGTON. D. C, Deeember 27. Harry St. George Tucker is In Was! iiigt.on wlth Mrs. Tucker. The tw have beon spendlng some days a \v oodlawn. tlie home of Mrs. Tucker slster, near ? Mt. Vernon. Mr. Tuokf has had a severe attack of grlp, whle has lnsted several weeks, and prc vontcd lils' even constiltlng with tl recclvers of thc Jamestown Kxposltlc Company slnce he was desl'gnated c thelr attorney. Mr. and Mrs. Tucki willgo to Norfolk to-morrow. YOUNG MAN ENDS LIFE ShooU IHni*elf In Rnoni Wllh Olhi Members ot Famlly. ISnectat to The TJiiies-Dlspatcli.l TINKUNG, VA., Deeember -7.?M Giistus Snead, the son of Mr. H. Snea of thls county. ended his own Ufe i the home of Mr. C. C. Brough. r.ei here. Mr. Snead aroso early, dressed ai wrote n note to hls mother and plact tlie same in his pocket. \vhilo tl other occupants of tho room had the backs to him, he placed a ..12-callb revolver ngalnst hls breast and end< hls earthly "o:*l*>tence. Mr. Snead wi about twenty-flve years of nge, ai was well and favorably .known ai unlversally Uked. ? / SHOT THE BOY DEAD Whlle Youlh Kllled liy Xegro Mn Foollng AVIth Gun. f Srieolnl to The Tlmes-Dlspntr.h. 1 STAUNTON. VA.. Deeember 27.?Jol Jones, a young negro man, fatally sh John Armstrong, n young whlte bc yesterday at a shootlng match Ch'tirchvllle, helng held by the sport mon of the nelghhorhood. In sport Jones took n gun of o of the- sportsmen, Inserted a shell, ar po'thtlng it nt the boy, said he won make hlm dance. The gun went o the whole load entered the boy's alc and ln half an hour ho dled. The negro was held by a magistra to answer to the grand jury. ;.;.o.? VIRGINIA WOMAN SECRETbV -lARHIRD IN UALTIMOI [Speqlal to The Tlmes-Dlspatch.1 BALTIMORE, Ml'->.; Deeember 27. Mlfs Mntildn I. Tucker. twenty-o veara old. of Klng nnd Queen coun Va., nnd Mr. Elljah P. Parker, twent eight years old, of Mlllsboro,-Del.. iv In thls clty to-day and procured llcense to wed/ They then went to t home of Rev. Robert Weleh. a Metli dlst pastor. who porformed the cei mony, The eouple told Rev. Mr. Wel they had eloped and asked hlm "keop lt dark." . ? Mitcholl ls llecoverluis. INDIANAPOI.IS, 1ND.. Deceinber ?John Mitcholl,prosldent of tho Unll Mlne Workers of Anverlca, left to-d for Chlcagu i to moet- hls wlfe a brother. who wlll accompany hlm Exoelslor Sprlngs. Mo. Mr. Mltuhell slowly I't'ooverihg. but ls stlll ln w?nU.iipd conditlon. TEST PRESIDENT'S T TO New Englanders of Na? tional Prominencelnsti tute Suit for Purpose PRIVATE SUES FOR BACK PAY Man Dischargecl from Service aa Result of Brownsville Riot P'aintiff in Case Admitted- , ly'Brought to Test Con- - stitutional Authority of Executive. WASHINGTON. December 27.?"War Department ofllclals aro much Inter ?:sted In the teportcd actlon of a fl-fm of New York lawyers In brlnglng' a lest case ln the Unlted States court for> tho Southern Dlstrict of New. York .-<>? dotermlne the rlght?? of the. executlvo lo dlschargc a battallon of the Twenty llfth Infantry, as an- outcome of tho riotlng nt Brownsville, Texas. It can? not he recalled that any such actlon nas ever before been brought against the Secretary of War In a Unlted States court under the "Tueker act' of. March 3, 18?7. Offlclally thls New York case has not yet reached thn War Department In due course lt ut.doubtedly wlll do so through the service of paper* upon the Secretary ot War by an offlcer of thc Dlstrict Court, dlrectlng hlm to make answer in thn suit flled by the. Now York attorncya In behalf of Privatc Reld. of Company C. Twenty-flfth Infantry, to recover $1 __._?, tho.amount of pay which he clalms from tho date of hls dismlssal, November 9, 1906, to the date of tha termlnatlon of his enllstment. July l?, 1907. When these jmpcrs reach tho secretary he wlll notlfy the Attorney General, and reriuest that the Depart? ment of Justice designate one of lt? officers to appear for thc secretary. . Papcrn Already Served. NEW YORK. December 27.?Unlted States Dlstrict Atiorney .Henry . I_-. Stlmson sa|d to-day that he hnd beo.i served wlth the .papers flled In tho Unlted States Dlstrict Court by cotin 8i.| for XV. C. .Reld. a member of tlio battallon ot tlie Twenty-flfth Unlted States Infantry, which was dlsbandc.l by c-xecutlve order followlng the riot? lng at Brownsville, Texas. The plain tiff sues the government to recover pay lost through his dlscharge from the army. Attorneys ln thc east havo admitted that they were rctalnt-.l by wealthy gentlemen ot New ISnglan.l, whose real object ls to determlue tho legallty of the.President's actlon. Mr. Stlmson sald that he had as yet glven thc complalnt only a cursovy examlnntlon, but: that he did'not thlnk; there was any evldence that Prcsident Koos.volt hdd vlolated hls constltu tlonnl rlghts in dlscharging the col? ored soldlers "wlthout hO-iC-r." The dlstrict attorney added that he had not declded what he would do bt the matter; Ita might. he thought,'de rtiur to the complalnt. or. po.-sibly, waivo that rlght. and. It he was con vlnced that he was rlght in accepting service of the* p'apers, try the caso upon Its merlts. I'lnlntirfV Counscl Ti-lk*. Charles 13. Mellen, of counscl for tho plalntlff. sald to-day: "I am not at liberty to tell who the gentlemen back ot thls actlon are. They wlll dl_elo;u. thelr Identlty al the propec tlme, ami somebody wlll be surprlsed. They aro nll men of national promlnence. They banded together ln an Informal organl? zatlon for the purpose of scelng tlnic poor indlviduals received the rigl.ti. guaranteed them by the Constltutlon of the Unlted States. They selected tho caso of Reld because his dismlssal ap peared to them to be a partlcularly flagrant case of vlolatlon of the Con? stltutlon. He ls a very poor man. ami could not seek r.edress: hlmself. They wlll help any other Indivldual. black ir white. who has been treated ln tho same maiiner. Theso gentlemen aro wlthholiling thelr names at present be? cause they do not want to the Wibljo to attach any polltlcal ..Igniflcai ce to thelr action. I can state pos tl.elj for them that politics has nothlngw a - ever to do with thelr actlon. which is. nn.mated by somelhing higher than that." _" ? | SOUTHERN EDUCATORS. / Stnte Superlntendent. Mnke llcporta ort Public' Scliools, t T.VTNI.TON. KY.. Deeembor i? ?? ThV^utures of to-day's sesslon.of. the Southen. lSdUCatioiml -Copftjonce $$* were the reports of ? ediieaiionai i>. Kress tn- the Southern *tates- AV?*?r ^^nf^^,or^^,,R^'not P orlda h? JRui'ieri.-t.'n.lent .Willlarn Ho lowav. of Tallahassee. "eorg'iv wj . . e. r - son t. .1 by Sunerl n tenden t XV. 15. U,,.iVi ,.r Atlnnt-.: Kentucky. bv su. St Nashville: Virgi.'... by Statr Sunor l"lerban,.d^We.tK^lrglnl"-. ? v Sfflfc M_thoS_r?w;.Bfl;.cu?-ed by Prosldep D. R. Johnson. o. Rock HM..S. -Q.,AWt ??Iniiustrial Educatlon. by i-. B. t.lb son, ?f Columbu.. i ? ? M,MM WITH' CHRISTMAS Tl.HK_-Y rsneclnl to Tbe Tlmes-D|-p_tch ) _ S..L.]SBUr'Y. N. C, Decomber '37.? Whlle attemptlng to behead1 a Vjrgij turkov gobbler at hls home in Rowan eountv Tue.day afternoon, Rev.1, H. l-'esperman. a well.known ..utherart mlnlster. was pali.tully wounded ln the hand by the turkey whlch fought dosperatelv when the mlnlster trUo'to Place Its neck across , a block- The mlnlster nnally succeeded ln takln? Its head, but only after' the turkey luui sang Its spurs into hls flesh. _ ... i AVullne. ,.rre_.ted for Murder. [Sp.elal ti- Tlie Tlnie.-l>lspntori.) BR1STOU VA.. Dee, ipber 27.?Luth cr Wallace, the young man who shot and kiU.d Lee lildridgo, a mar. of famlly. ten mlles east of Brlstol. Christmas afternoon. was capturefl near Ablngdon; Va.. to-day. The ._*? .wlll he trled ut Ablngdon, as the klll Iiir was commltted Just ..cross th? SUt* Uue. in Vlrginla.