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FROM PORTO RICO IHE ADVANCE UPON SAN JUAN COMMENCED A SURRENDER IS PROBABLE The Dixie Slings a Shot at the Port But Gets No Reply—Spanish Vol unteers Continue to Desert Associated Press Special Wire BT. THOMAS, D. W. Li Aug. 1, 5 p. m.— (Copyright, 1898, by the Associated Press.) The American troops have reached Coamo, about 16 miles northeast o£ Ponce, on the road to San Juan. Thus far they have met with no resistance. It Is believed that Gen. Miles has suc ceeded in his plan of Intercepting the troop transports before they reached the point In Eastern Porto Rico originally selected (or their landing, and ln diverting them to the excellent harbor he has secured. The 1 Dixie's Defl ST. THOMAS, D. W. 1., Aug. 1. The United States auxiliary cruiser Dixie left here Saturday morning for Ponce. She scouted along the north coast of Porto Rico, spoke the Prairie, Montgomery, Pur itan, New Orleans and four transports, overhauled an English bark, and, passing in close to San Juan, fired a defiant six pound shot, striking the base of El Morro. The Spaniards made no reply. In the entrance to San Juan harbor the Dixie saw two masts and a chimney, evidently those of a steamer sunk by the Spaniards to block the passage. The Dixie arrived at Ponce Saturday evening, where she found the Columbia, Massachusetts, Cincinnati, Gloucester and ten transports. The cruiser New Orleans arrived here yesterday (Sunday), accom panied by a collier. The latter remained off the harbor, the New Orleans signaling her not to enter, as ths cruiser would not be permitted to take her coal. Later In the day the collier proceeded westward. Going to Pieces PONCE, Porto Rico, July 81,10 a. m., by Associated Press dispatch boat, via St. Thomas, D. W. 1., Aug. 1, 8 a. m.—(Copy right, 1898, by the Associated Press.) In spite of the brave words of the pronuncla mlento of Captain General Macias, Spanish power ln Porto Rico Is rapidly crumbling. Mr. P. Hanna, United States consul at San Juan until the war was declared, gives the Associated Press the following text of a dispatch received by him today by a Span ish official In the northern part of the islands: Resistance Is Impossible. The volunteers have refused to march and we have no ammunition. Mr. Hanna declined to give the name of his Informant, but It Is known that he has excellent secret sources of Information. He has all along insisted that the native Porto Rlcans were eager for a change from Span ish to American rule and that the only danger ln the island was found ln the Span ish regiments under the command of the captain general. Gen. Miles has not yet directed a general forward movement in advance of the ar rival of tho main body of the troops. Col. Hulings is still at the front and to day occupied Juan Diaz, the first important town on the road to San Juan. The inhab itants, crazy with delight, met the troops with home made American flags. Col. Hulings assured them that their lives and property would be protected. Pickets have been thrown out today ln order to feel for the enemy. Deserters from the volunteers, who are coming In con stantly, report that there is a small force of Spanish regulars at Cosmo, on the road to San Juan. They also say that Gen. Otega Is on the way with reinforcements, and that the main body of regulars Is con centrating at Albointo. A small skirmish recently occurred at Fortuna, between a few regulars who were foraging and tho residents of the village. Today 180 volun teers, including fifteen officers, have signed the parole. At Guayamo, twenty-seven miles east of Ponce, Spanish regulars, under Instruc tions from the captain general, seized the funds of the town. The inhabitants re sisted and Gen. Miles was appealed to for help. He first advised a naval demonstra tion In front of the town. Tt Is possible that this will be made tomorrow. Troops may be sent If the reported presence of the Spanish regulars Is confirmed. Tales of looting and outraging continue, the ships covering numerous small towns 1« the province of Ponce. News of the Troops PONCE, Island of Porto Rico, July 30, 3 p.m., via the Island of St. Thomas, D. W. I.—Major-General Miles hourly expects the arrival of the transports having on board Brigadier-General Schwan's division of 6000 m6n, and also the Mohawk with the Fifth Regular Cavalry. General Henry's division, consisting of WOO men and including twenty-six pieces of artillery, has been ordered to march Im mediately from Yauco to Ponce to be ready to Join the movement north to San Juan. The Sixteenth Pennsylvania regiment was sent this morning toward Juana Diaz, eight miles north of Ponce, en route to San Juan. Word reached here this afternoon that Ihe Spaniards were murdering native Porto Rlcans, violating women and In dulging In general outrages. The Sixteenth Pennsylvania regiment will be reinforced If necessary. The first real resistance Is expected when our troops reach Albonlto, thirty five miles northeaßt of here. Albonlto has a thousand feet elevation. General Miles says he has no Intention of making a landing of troops at San Juan, especially as the place is only a road stead, where transports are liable to suf fer from the prevalent storms. The railroad from Ponce to Yauco Is now ln the possession of our troops. General Stone found five mines on the track. These were destroyed and the track la uninjured. Our troops found seventeen Spaniards In the Yauco hospital, all of whom had been wounded ln Tuesday's flght. Two of these have since died. Proclamations have been Issued by the authorities of Yauco as a United States city, expressing delight at annexation and the administration of General Miles and welcoming our troops. The Mayor of Ponce has called upon all the residents of that place to exercise calmness and circumspection under the new and desirable conditions. He also urges forbearance towards conquered enemies. Much enthusiasm Is everywhere mani fested at the eight of the Stars and Stripes. General Miles has Issued a lengthy order of Instructions to General Wilson, military Governor of Ponoe province and city until General Brooke's arrival. It is of the same tenor as the Instructions which General Miles gave to General Shatter at Santiago. Both orders are baaed on the admuUgtra GENERAL JAMES H. WILSON, GOVERNOR OF PONCE ■v- Major General James H. Wilson, United States Volunteers, appointed mill- •♦• •f tary governor of Ponce by General Miles, Is a hero of the civil war nnd one of + + tho most prominent railway men In He was born fifty-eight yeare + ♦ ago in the southern part of Illinois, antl was graduated from West Point In -f ■v- 1860. He took part ln the Port Royal expedition, and for his services in that + ■f- campaign and ln the capture of Fort Pulaski he was made a major ln 1862. He -f v- was on the staff of General McClellan at South Mountain, and was inspector ♦ •f general of the Army of the Tennessee \i the Vlcksburg campaign of 1863. He -f V" was given the rank of lieutenant colonel after the battle of Chattanooga, and -f •f- from May to August, 1564, he was ln command of the Third cavalry division of ♦ •f- the Army of the Potomac, and for his services ln the Wilderness he was raised + + to the rank of colonel. He commanded the cavalry division of the Mississippi -f + from October, 1864, to July, 1565, and closed the war by taking prisoner Jeffep- -f >• son Davis. General Wilson retired from the army In 1870 to engage In the -f •v- railroad business. He has been Identified with railroad Interests ln the United -f ♦ States and China for twenty years. At present General Wilson Is a resident -f + of Wilmington, Del. + ♦♦•♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦■f'r- T-f>T"fT-T-v-fT-V"f v•T••f•f-fT•■♦■v■v•T• tlon Instructions given to General Merrltt regarding the government of the Philip pine Islands. The local Mayor and Judges and police will remain in authority, sub ject to the orders of General Wilson. Tho cusetom house offices will also be con ducted as formerly for the present. Their receipts amount to a considerable sum of money. The question of proper discount of Porto Rlcan silver gives some trouble to General Miles, but he says this will settle Itself In due time. Chaplain Chadwlch ot the Cincinnati, formerly of the Maine, Introduced to Gen eral Wilson this morning two of the lead ing Jesufts of Ponce, representing a thou sand churches and their dependents in this province. The priests wanted Information regarding their support, and General Wil son said that under the constitution of the United States It was not possible to apply any governmental money for church pur poses. Father Chadwlck said it would bo all the better for the church If Its own people learned to contribute to Its support. Spanish volunteers continue to come ln and give themselves up. The health of the troops so far Is good, though the weather is hot. Gen. Schwan Arrives at Ponce WASHINGTON, Aug. 1.-The War De partment has posted the following: PONCE, Porto Rico, July 30.—Transport Cherokee, with General Sdhwan on board and part of his brigade, arrived this after noon. The remainder expected soon. An Eloquent Proclamation PONCE, Island of Porto Rico, July 30, 3 p.m., via Island of St. Thomas, July 31, morning.—The following is the text of the Mayor's proclamation, Issued at Yauco as a United States city: "Citizens—Today the citizens of Porto Rico assist ln one of her most beautiful feasts. The sun of America shines upon your mountains and valleys this day of July, IS9S. X Is a day of glorious remem brance for each son of this beloved island, because for the first time there waves over her the Hag of the Stars and planted ln the name of the United States of America by the Major-General of the American army, Senor Mtles. "Porto Rlcans, we are, by the miraculous Intervention of the God of the just, given back to the bosom of our mother, America, ln whose waters nature has placed us ns a people of America. To her we are given back ln the name of her government by General Miles, and we must send our most expressive salutation of generous affec tion through our conduct towards the val iant troops represented by distinguished officers and commanded by the illustrious General Miles. "Citizens—Dong live the government of tho United States of America. Hall to their valiant troops. Hall Porto Rico, Always, American. Yauco, Porto Rico, United States of America. "EL CALDE, FRANCISCO MIAGA." NICARAGUA CANAL President Thinks the War Makes Government Ownership Necessary edj WASHINGTON, Aug. I.—-Ilx-Senator Warner Miller of 4. «] * New York, the president of th Nicaragnan canal commission, 4* *. • and Senator Morgan of Alaba na, the leading advocate of that <$< «j < project in congress, had a conf rence on the Nicaragnan oanal «J» • question with President MoKinl >y today. The conference was <* <5 • snort The president, it is sai 1, expressed his acquiescence in «j» *j • the belief that the government possession of the Nicaraguan •!» • • canal is now neoessary, and that the war and its results make 4* • • the canal indispensable to the United States. «. • *< • The president, his callers my, intends to make strong rec- <• - >t ommendations to congress for legislation making immediate pro- <& X vision for the completion of th; oanal for making it the direot »j * « • property of the government. * • • Senator Morgan also had a final word to say to the presi- ej* • • dent about the Hawaiian commissioners' work. He said that • • • > Hawaii now has as good a government as the states here, and <, j> c • that there were excellent men administering the government «j * • • of the islands. •& • . <£ -11. 1>..0. _a...<>--o—fi—<!..-<i- ,0- ■ (>- -tk. _e_-<S..<l. .a. .<l. .il. .(l_.a..<i_.a. - '.a_ -- —a„a„a_.a. IV insrVI'W^'"TVTTfWTTT'I ■ , LOS ANGELES HERALD i TUESDAY MORNING. AUGUST 2, 1898 HORSE ADDICTED TO LIQUOR Topeka Equine Consumes Large Quan- titles of Whisky Topeka, Kan., possesses a curiosity ln the shape of a horse addicted to the liquor hab it. The equine tippler is Dan, one of the team used on the patrol wagon of the city police department. D«n has been In the habit of taking his dally grog for a number of years, but the matter has lways been kept a secret among the men having charge of him. He acquired the habit as many people have, through having It prescribed by the veterinary during a spell of sickness. Under the use of the stimulant the horse re covered. When be was given the first dose he re belled, and It was only with the aid of force thut It was administered. He gradually acquired a taste for It, which grew Into an Insatiable appetite. The officers contin ued the doses long after the equine patient recovered. Frequent raids on the Joints ln the ct-ty, where all liquor found was confis cated, furnished ample opportunity for the patrol driver to Indulge Dan's appetite. It came to be expected that the horse was to receive his allowance of a half-pint be fore each meal. He became so accustomed ro this that he would refuse to eat and paw the floor when his keeper neglected him. On July 1 the police department changed hands, and Topeka has been the scene of a temperance crusade ever since. The praotlce of giving whisky to Dan was discontinued; he lost considerable flesh and became Incapacitated for duty on the wagon. In order to test the matter his present driver has been giving him his al lowance for the past four days. He be gan showing signs of recovery and Is again at work. Those who have watched the horse say that he Is as graceful a drinker as any man and that he does not require a "chaser." Within the past two weeks Dan has commenced the use of chewing tobacco, and now uses as much of the weed as the majority of men. Doesn't Snort About It Ono of the New York papers boasts of being the first to print an edition ln Cuba. This honor would have been our'n If It hadn't been for a lot of measly creditors who prevented our going to Cuba at the point of an Injunction. But we ain't snort- In' about it, for we understand them Cu blans Is addicted to the stink pots of Egypt, and don't read fust-class, well edited newspapers no way. It Is a burnt child that dreads its own father.—Harde man Free Press. "What Is delaying the wedding?" In quired a guest at the ceremony which united an American fortune and a Euro pean title. "Possibly," replied Miss Cayenne, "they forgot to put a revenue stamp on the dowry and the count refuses to accept the check."—Washington Star. CALLED IT A DRAW THE SOLLY SMITH-WHITE FIGHT IN NEW YORK Decision ot the Beferee Is Not Satis factory—White Said to Have Had the Best of the Fight • CONEY ISLAND ATHLETIC CLUB, Aug. I.—A draw was the decision rendered tonight at tbe Greater New York Athletic club. Coney Island, after Tommy White of Chicago and Solly Smith of Los Angeles had fought twenty-five rounds to decide the featherweight championship et the world. The men met at 122 pounds. Dave Sullivan was at the ringside to chal lenge the winner and will deposit 11000 to morrow to bind a match with White. The very best Judges of boxers who witnessed the fight all agree that White won fairly and squarely. Smith was the first to enter the ring with his aeoonds, Jimmy Rose, Billy Sel frldge, Johnny Connors and Jimmy Allen. Sam Fitzpatrlck held the watch for Smith. Tommy White got through the ropes twen ty minutes after 11 oclock. His handlers were Billy Madden, Ous RuhUn, Charles Ooff and Jack McAullffe. It was an nounced that the men would box twenty one rounds and continue sparring until ordered to break away by the referee. The first round was featureless, but ln the second Smith swung a hard left that put White's eye ln mourning and ln the third Jabbed his right to the eye, drawing blood, though he received several hard body blows In return. In round four, Smith sent a left to head, followed by a right Swing to head that sent White to the floor. Rounds Aye, six and seven were full of lively sparring, but not important. In the ninth Solly again started blood from White's damaged eye. In round twelve a left on the head brought Smith to his knees. At the end of the thir teenth Smith's nose was bleeding freely. Some stiff blows were exchanged In the succeeding rounds, but the flfteenth, six teenth and seventeenth rounds were tame. In the eighteenth White swung his left to the head and turned Solly around. Solly replied with a right hook on the kidneys, and ln tbe nineteenth Solly rushed and got a stiff left ln the mouth. When they came up again Solly was full of flght and rushed again, some hot work being done ln the mix-up. Solly rushed and White met him with a very stiff left on the mouth. Round 20—Solly rushed and Jabbed a hard left on the face. He rushed again and they clinched without striking a blow. Smith was full of flght and sent another left to the toco, and White met him with a hard right on the face. While Jabbed two lefts on the face. Round 21—Solly whipped his left hard on the ribs and missed a right swing on the breakaway. White swung left twice to the head at the end of this round. Round 22.—They rushed to a clinch and Solly brought his right back on face. The referee warned him not to repeat th!j. Solly jabbed right to the face and they clinched. Smith swung hard right to back of the neck. Round 23.—5011y rushed and hooked his right to the ribs and drove his right straight over the heart. White swung his right to the Jaw and repeated It, sending Solly to the floor on his back. He was up in Aye seconds and made a wild rush. They clinched and both fell to the Aoor twice, amid cries of "Foul! Foul!" White jabbed a left on the face ln wild fighting, and Smith was all but out when the bell rang. Round 24.—They rushed Into clinches twice and Smith swung a light left on the neck and Jabbed left on face. Smith fought wildly without doing any damage. Round 25.—They shook hands and rushed Into a clinch. Smith rushed and took all kinds of chances. Bmlth roughed and both hit ln the clinches, which were frequent. Solly swung his right lightly to the head. White jabbed left to the nose, bringing the blood again. A clinch followed and there was a great deal of rough ln-fightlng on both sides until the gong put an end to the flght. The spectators by this time were wild with excitement and were shouting for both men. Referee Brown declared the bout a draw. EXECUTIVE MEETING Democrats to Fix the Apportionment of Delegates and Set Primaries A meeting of the executive committee of tha Democratic county central committee has been called for thte afternjoon at 4 oclock at the rooms of the chairman, Dr. Hill, at the Lindsay hotel on Main street. At this meeting It Is proposed to apportion the delegates to the varlous'preolnots of the county for the state convention and arrange the preliminaries for the caucuses and pri maries, besides fixing the date for the same. A movement was set on foot yesterday afternoon by which it Is proposed to take the work oirt of the hands of the executive committee and transfer it to tho hands of the full county central committee. A peti tion to the chairman was industriously cir culated by M. W. Conklln and Lewis Her zog and a number of signatures were se cured. Whether or not their work will be productive of the desired result remains'to be seen at this afternoon's meeting. Slept With a Knife Eil Kenney was before Justice Owens yes terday on a charge of making threats. The case was set for trial on the Gth. Annie, the wife of Kennedy, claims that her hus band Is inclined to be docile in his sober senses, but that he Is a terror when under the influence of "red eye." Friday nigh: he was intoxicated, and upon their retiring he took a butcher knife along, declaring that he proposed to kill her during her sleep. The poor woman trembled so she CoUld not sleep, but, as her drunken hus band did not try to kill her, she felt greatly relieved. On the next day she swore to a complaint against him. Kennedy Is think ing of taking the gold cure, and this may enable him to mend his ways. Coal Miners' Troubles DENVER, Aug. I.—A special to the Times from Lafayette, Colo., says: The Mitchell coal mine, one of the largest properties of the Northern Coal Company, resumed operations today after having laid Idle for over three months on account of the strike. A guard of ten men Is sta tioned at the property, prepared to resist all attempts at Interference from the union men. Up to noon everything had progress ed smoothly, but from mutterlngs which could be heard on all sides It would appear that troublo Is brewing. The Yale Arrives ! NEW YORK, Aug. I.—The United States cruiser Yale, Captain Wise, arrived here today from Guanica, Porto Rico. The Yale carried Gen. Miles and staff and about 1500 troops from Guantanamo, Cuba, and landed them at Porto Rico, and then proceeded without delay for this port. I j HERO HOBSON OUT OF UNIFORM From a photograph taken during hie flying trip to New Tork last week FITZ AND JIM THE CHAMPION WILL MEET MR. JEFFRIES Racing News—Bicycle Races—Base ball Scores—A| World's Record Smashed NEW YORK, Aug. I.—ln a statement is sued tonight over his signature. Bob Fltz simmons, champion heavy-weight pugilist of the world, announces that he has posted a forfeit of $2500 with the sporting editor of a New York paper for a flght with Jim Jef fries of California, the contest to occur be fore October Ist. Racing News NEW YORK, Aug. 1.-Many valuable stakes to be run at the fall meeting of the Brooklyn Jockey Club will close August 13th. On the same day entries to eight stakes, aggregating ln value $67,500 to be run for ln ISM and ln 1900 also will close. The events are as follows: Stakes for autumn meeting 1898: For two-year-olds. Prospect stakes, $2500, six furlongs; Willow stakes, $1000, five and one-half furlongs; Algeria stakes, $1000, five furlongs; Holly handicap, $1000, Aye and one-halt furlongs; Flat Land stakes, $1000, Aye furlongs; Youthful stakes, $1000, Aye and one-half furlongs. For three-year olds, Ocean View handi cap, $1000, one and one-sixteenth miles; Parkvtllo handicap, $1000, six furlongs; Sea Breeze stakes, $1000, one mile; Greenfleld stakes, $1000, six furlongs. For three-year-olds and upwards, Orien tal handicap, $2500, one and one-quarter miles; first special, $2500, one and one-six teenth miles; Speculation stakes, $1000, one mile; Bay Shore stakes, $1000, four fur longs; Steeplechase handicap, $1500 about two miles, and n half hurdle handicap, $750. one and three-quarter miles. For two-year-olds ln 1890, to be run nt the spring meeting of 1899: Great Ameri can stakes. $12,500, Aye furlongs; Tremnnt stakes, $10,000, six furlongs; Expectation stakes, $5000, four and one-half furlongs; Hudson stakes, $3500, five furlongs; Criter ion stakes for Allies, $3500, four and one half furlongs, to be run on the first day of the autumn meeting of 1899; Junior Cham pion stakes, $15,000, six furlongs. For three-year-olds, ln 1900, to be run at the spring meeting of 1900: Brooklyn Der by, $10,000. one and one-hnlf miles; Carlton stakes, $5000, one mile; Gazelle stakes, $3000, one and one-sixteenth miles. LONDON, Aug. I.—At the first day's races of the Birmingham August meeting today the Lorlllard-Beresford stable's chestnut Allegory won the Melbourne plate of 160 sovereigns. Baseball ' PHILADELPHIA. Aug. ).—Score: Cleveland 0, Philadelphia L Batteries—Wilson and O'Connor, Piatt and McFarlnnd. ST. LOUIS. Aug. I.—Score, first game: Boston 4. St. Louis 3. Batteries—Lewis and Bergen, Taylor nnd Clements. Score, second game: Boston 1, St. Louis X Batteries—Hickman and Bergen, Hughey and Clements, The Wheel BOSTON, Aug. I.—A. E. McDuffle won his seventh consecutive victory of the sea son by defeating Edouard Taylore In a 20 --mlle paced match at Charles River tonight. He also scored on competitive records from 10 to 20 miles and lowered the world's rec rrd of 35:181-5 for the distance (held by Tom Linton) to 34:56. Taylore made a plucky race, leading for nine miles and breaking the world's com petitive records from one to Aye mllei, ta elusive. Taylore reeled off the 20 miles ln 35:18, Just one-llfth of a second Inside of Linton's record. Taylorc's pace-makers did not have the speed of McUuffle's, and his pick-ups were not so clean as thoin made by the national track team. Broke the Record OTTAWA, Ont., Aug. I.—Qeo. Gray of Coldwater, a member of the New York Ath letic club, at the Caledonia Scottish games here today put the IC-pound shot 48 feet 5 Inches, breaking the world's record of 47 feet, made by himself. He also put the 14 --pound shot 52 feet 10 Inches, breaking the world's record of 49 feet 8 Inches, also made by himself. Scorching Weather VACAVILLE, Cal., Aug. I.—The weather for the past week has been the hottest ever experienced ln Vacavllle, the tempera ture ranging from 100 to 118 degrees. Fruit has been literally burned up. About fifty per cent of the grape crop has been de stroyed and other fruits have suffered to a considerable extent. Fires have raged in the hills, and about sixty square miles have been burned over. Several houses have been destroyed ond the damage will run up Into the thousands. ow * s time to I HARPER'S WEEKLY X will be remembered for its famous''War Numbers" . " mm of the Civil War. Its value during the war with Spain will be even greater because of vastly improved i W facilities. History is being rapidly made. The gravest m questions ofourtime are comingtothefront, and every .", i mm American should have each week an accurate, concise | $ PICTORIAL HISTORY j m OF THIS WAR j mm from now until peace is assured. A brilliant staff of . ■m artists and correspondents are representing the .« I W WEEKLY at the front. Rufus F.Zojrbaum,Carlton J ■J, T.Chapman, Frederic Remington, T. de Thulstrup, | MM W. A. Rogers, Clyde, D. V. Hunt, and others, with i X a large staff of photographers, are accurately portray- ~ ' W ing the movements of our army and navy and happen- } W ings at Washington and elsewhere. Among the I MM WEEKLY'S correspondents are Frank D. Millet, , X' John F.Bass, and O.K.Davis, in the Philippines.John W Fox, Jr., with General Shafter's army, Harold Martin, j W at St. Thomas, and others. By subscribing now for 1 MM one year, you will obtain the WEEKLY during the 'i S. most important engagements. I Subscription for One Year { Bedroom Suits Library Chairs Dining Room furniture Wo offer low MIDSUMMER PRICES on every pleoe of Furniture In oar (tore. Big Bargains for Little Money ....AT THE.... SOUTHERN CALIFORNIA FURNITURE COMPANY 312-314 S. Broadway CUSSEN'S KEYS The Safe Deposit Case Complicated by a Discovery .Tames Cussen thinks he will try to com pel the Southern California Savings bank to make restitution to him of $680 which he claims was abstracted from one of their boxes, where he had placed It last April. Cussen says l he Is moved In. this, direction by the discovery of "a sort'ot discrepancy ln the keys" which the bank officials had supplied to him for entering his deposit box- When Mr. Cussen rented the box.he re ceived two keys, supposed to be duplicates. He said he had understood the reason for supplying customers with two keys was be cause many of their clients sent agents t« go to the boxes. Cussen says he. never opened the box but tour times. Yesterday he and a companion examined the. keys closely and discovered that instead of being duplicates they were dissimilar. Together they visited the bank and-there-requested W. D. Woolwtne, the cashier-, to allow the companion to open the box.- Mr,. Woolwtne asked that a written order be given, him by Cussen, which was done. Mr. Woolwine afterwards asked that Cussen open the box One of the keys was numbered. 345 and the other 95. The box was numbered 446. Mr. Cussen Inserted key No. 95 Into the lock, but it failed to unlock the door. Both Mr. Wool wine and the companion, of Mr. Cussen tried but could not unlock the door with key No. 95. The other key was then used . a'hd the door was easily unlocked. Mr. Cussen said last night that he thought the time had come for him to take some ac tion against the bank people for the recov ery of his money. He said that he thought he would institute action against them ln the courts. He Is of the opinion that in some manner he received the wrong key and the duplicate which properly is hl9 Is either ln tho bank or held by some one else. He Is positive ln his statement that In no way could the exchange have been made since he received the keys. He had never loaned them to any one and he had never deputised a soul to enter the box. On the other hand, the bank Is as positive that both the keys Issued by the bank were numbered 315 and that the exchange was made ln some manner after Cussen received them. Charles Sands was fined IS yesterday for battery in Justice Owens' court. Sand* paid the line. He got into a dispute with an old man, W. P. Hurd, over the position of a wagon driven by Sands on Johnson street, and Sands struck Hurd with a whip. There are undelivered telegrams at tha Western Union Telegraph office for William P. Percey, esq., and Charles Dlegnan. 5