The San Francisco call. [volume], August 30, 1895, Page 2, Image 2

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of a person charged with cold-blooded
murder by circumstantial evidence?"
"Well, possibly I could."
"Would you require more proof by cir
cumstantial evidence than by direct evi
dence?"
"It seems to me I would. From the
state cf my mind at present I think I
could convict on circumstantial evidence."
"You have served on juries in criminal
cases?"
"Never but one murder case, and that
twelve years ago in Judge Cooley'd court.
The defendant was sent to prison for life
on circumstantial evidence..'
"Would you require the State to demon
strate the guilt of the defendant to any
greater extent than beyond a reasonable
doubt."
"I do not suppose that circumstantial
evidence could be brought to a demon
stration."
"How would it be as to your own mind? '
"I should have to be fully convinced."
"So you would with direct evidence."
"Direct evidence might not be so con
fusing." •
"Do you think you would begin the trial
with prejudice or suspicion against circum
stantial evidence as a class of evidence?"
"No, sir."
The prosecution passed him for the time
and Mr. Deuprey for the defense took him
in hand.
"Have you any acquaintance with mem
bers of the detective force?"
"Only in a general way. I never heard
any of them discuss the case."
'"Yog recognize the mistakes that may
be made as to identification and the lia
bility to error in evidence as to identifica
tion?"
"Yes, sir."
"If the court should instruct you that
unless you were fully satisfied you must
acquit would you follow that instruction?"
"Yes. sir."
'And if he should instruct you that if
there was one circumstance of the chain
unproven you must acquit, would you
follow that instruction?"
"Yes, sir, if I was not perfectly satisfied
that the defendant committed the deed I
would acquit, of course."
"If the defendant were sworn as a wit
ness in his own behalf would you weigh
his evidence the same as the evidence of
any other witness and give him the full
appreciation oi his statements?"
'Yes, sir."
"Do you know of any reason to prevent
you fro'in fully and impartially trying this
case?"
This question furnished Mr. Dutton with
the first opportumtv to state that he had
formed an impression of the case, which
he admitted was not really an opinion, or,
if it might be termed an opinion, it was
not of the positive kind. And he said that
what impression he had was made up from
reading the accounts of the case that had
become an eyesore to him.
"I have no absolute opinion," he said,
"and the only reason I have for not want
ing to sit on this jury is that my partner
is on another jury and I would prefer to
be allowed to attend to the business.''
This was in answer to a question by Mr.
Barnes, who had misunderstood an answer
to one of Mr. Deuprey's questions.
"Mr. Duttou is with you, gentlemen,"
said Judge Murphy; "what wiil you do
with him?"
There was a pause for several seconds.
The crowd of spectators turned their eyes
on the District Attorney. It was the
State's peremptory challenge.
"Satisfied," said Mr. Barnes.
"Satisfied," quietly echoed Mr. Deuprey.
'•Swear him." said the court. Ana the
panel of jurors was complete.
General Dickinson moved the court for
an adjournment of the case till Monday in
order that counsel might have time to
prepare for the actual work of the trial and
the jurors given an opportunity to set
their personal affairs in order.
Mr. Barnes joined in the motion, saying
he believed the adjournment would really
expedite the trial.
Judge Murphy allowed the motion, and
after dismissing the veniremeii whose ser
vices had not been required and admonish
ing ihu sworn jury to be very careiul to
keep their minds in that condition of
blankness upon the ' merits of the case
which is a legal requisite pending the con
clusion of the trial, the court adjourned
till 10 o'clock Monday morning.
GETTING THE JURY.
Fourteen Hundred Citizens Called
In the Durrant Case in
Twenty-Nino Days.
The case of the People vs. Durrant was
called for trial Monday, July L!_\ in
Superior Court department 3, Judge Mur
phy presiding. Last Monday began the
sixth week of the proceedings, and in the
five and a half weeks there have been
twenty-nine trial days, of which twenty
one have been actually occupied in the se
lection of a jury. Owing to the widespread
notoriety of the murder of Blanche La
mont, and incidentally the murder of
Minnie Williams, the great difficulty of
securing a fair and impartial jury was
fully anticipated by District Attorney
Barnes and his assistant, Mr. Piexotto,
and by counsel for the defense, General
John Dickinson and Eugene Deuprey, as
well.
The first half of the jury was secured
early in tne proceedings and the fear that
the selection of a full panel would be
a tedious matter was soon dispelled,
and the public or that portion of
In all there have been drawn in the
the people who manifested an interest in
the trial by constant attendance at court
was inclined to the belief that the hearing
of testimony would soon be be^run. The
attorneys were not so sanguine. They
were aware that in the long list of citizens
whose names were in the trial-jur}' box in
the County Clerk's office there would be
found a large percentage of men who
would never be sworn even as to their
qualifications to sit as jurors. Indeed the
counsel considered that, under all the cir
cumstances attendant upon the trial, the
new evidence that was daily cropping out
and the intense interest in the case the
difficulty had not been surmounted even
then. And their hope of securing a com
plete jury within the preseat month was
not great until the tenth and eleventh men
were secured last Monday outof a possible
100 veniremen summoned.
Durrant case 125U names from the list of
iftiOO citizens subject to jury duty in the
several courts, and the last 100 was ex
hausted last Tuesday, leaving but thirty
names in the box. Added to this 1250
there have been twro special venires drawn
from the body of the county of seventy
five citizens each. The first seventy-five
went in and out of the courtroom on
Wednesday last like water through a sieve,
but of the second sevrnty-five names re
turned yesterday only four were examined,
and the fourth man was Mr. Dutton, the
last juror chosen.
Of the 1400 citizens drawn for jury duty
in the Durrant trial only 509 were exam
ined touching their competency and quali
fications to sit as jurors. The prosecution
exhausted only four of the ten peremptory
challenges permitted, and the counsel for
the defense used only eleven of their twenty
peremptory challenges. Thus fifteen were
excused peremptorily and 482 for cause and
twelve were chosen.
The remaining 909 found plausible ex
cuses from jury duty upon application to
the court and escaped the interrogatories
of the attorneys as to their condition of
mind, their prejudice or bias, their knowl
edge of the facts, their opinions as to the
guilt or innocence of the defendant, their
tcruples as to the infliction of the death
penalty, and their objections to sending a
fellow-man to his death on circumstantial
evidence.
There 1003 citizens presepted all man
ners of excuses. Some were lame, others
were ill. A large proportion had sickness
in their families. A great many would
have suffered loss in a business way. There
were quite a number of deaf men, who
came in bunches of half a dozen in a
bunch.
Of the 497 who were excused after being
compelled to undergo examination as to
competency, a large proportion had* formed
opinions as to the gnilt or innocence of the
defendant, which they declared would re
quire strong evidence to remove. The
number who were conscientiously opposed
to capital punishment or who objected to
circumstantial evidence was very large,
and others presented various and often
peculiar excu?es.
But after tedious sittings for twenty-nine
days the jury that will be intrusted with
the life of William Henry Theodore Dur
rant has been selected and sworn. The
jury will enter upon the duty of listening
to the statements of counsel and the ad
duction of evidence for and against the
prisoner next Monday.
The general opinion is that the jury
could not have been improved. It is an
American jury. They are men from the
business walks of life, and most of them
have reached the age marked by silver
hairs. The attorneys seemed determined
to exclude all foreign-born citizens who
had not been long residents of the United
States. Men of families were apparently
desiuble, as were men who had done jury
service and were thus competent to,com
prehend without further study the instruc
tions of the court and the value of the evi
dence. The degree of intelligence repre
sented in this jury is believed by counsel to
refute the prevalent notion that ignorant
and incompetent men are desirable as ju
rors in criminal cases.
DURRANT WILL TESTIFY.
Outline of Testimony to Be Pre
sented by Counsel for the
Defense.
The defense will claim that on the after
noon of April 3 Durrant attended the lec
ture on the " Feeding of Infants" at
Cooper Medical College; that at the con
clusion of the lecture, about 4 o'clock, he
walked across the City to the Mission, and
that he could not therefore have been on
Powell street at 3:15 o'clock; that he en
tered the Emmanuel Chnrch and repaired
the electrical apparatus in the loft over the
auditorium, but that he could not have
reached that edifice until at least half an
hour subsequent to 4:20 o'clock, at which
time Mrs. Leek claims to have seen him
enter the church gate; that the gas and
electrical apparatus was out of order, and
that on the following Friday workmen
employed by the church trustees reme
died the defects ; that Durrant was over
come by gas.
Durrant himself will be placed on the
stand in his own behalf. He will testify
to his presence at Dr. Cheney's lecture and
will relate under oath his movements after
leaving the college. He will teil of his
walk across the City, how he passed along
Webster street to Golden Gate avenue and
thence down that thoroughfare to Octavia
or Gough street, passing oa the way the
office of a veterinary surgeon, in wno9e
operations he had been much interested.
He will tell how he proceeded to the Mis
sion along Valencia or Guerrero street,
and how he finally entered the church.
The accused will testify to meeting one
acquaintance, to overtaking and passingfa
second and to walking and talking with a
third for at least three blocks. Still
another person will be mentioned who met
Durrant in the Mission at nearly the end
of his long walk. All these persons will be
summoned to corroborates the testimony
of the accuseds
The names of the witnesses who will
testify to the truth of Durrant's story have
not vet been revealed, nor will they be
until they are called in court.
•>
THE CASE FOR THE STATE.
What the Prosecution Will Attempt
to Prove Against the Sus
pected Murderer.
At the opening of court on Monday
morning District Attorney Barnes will
present to the jury selected to try Wil
liam Henry Theodore Durrant for his life
the statement upon which the State will
base its evidence. The defense will, of
course, reserve its statement until the
State's case shall have been submitted,
and immediately following the statement
i of Mr. Barnes the examination of the wit
nesses will be begun.
The trial will cover a considerable periad
or lime, although the work will be expe
dited ixy the fact tLat the whole theory of
the prosecution has been gone over in the
testimony adduced at the Coroner's in
quest and in the preliminary examination.
A history of the case has been closely re
viewed from time to timo in the newspa
pers and is here but briefly recalled.
Blanche Lamont, the murdered girl, was
last seen alive by any other but her mur
derer on the afternoon of April 3 last. On
that day. as has been shown by the testi
mony, she attended the cooking schoo! at
the Powell-street Normal School and left
there about 3 o'clock in company with
Minnie Belle Edwards. In the story, as
told thus far, the defense will probably ac
quiesce.
Upon the testimony of Mrs. Vogel, the
prosecution will show that Durrant waited
for an hour outside the Normal Sohool.
It ran offer the sworn statements of both
Mrs. Vogel and Miss Edwards that when
|-Blanche Lamont left the school Durrant
met her. raised his hat, and with her
boarded the Powell-street car going south.
It will produce Miss May Lanigan and
Mis 3 Alice Pleasant to identify the accused
as the man they saw riding beside Blanche
Lamont on the dummy, as the car passed
them, and talking to her.
Martin Quinlan, an attorney-at-law, has
testified that while standing at the corner
of Bartlett and Twenty-second streets
while watching some men at work on the
street he noticed a young couple approach
i ing along Bartlett street from Twenty-first;
that he noticed the man particularly, be
cause he had seen him before and was ac
quainted with his face, and that that man
was Theodore Durrant, the defendant;
•that the couple walked past him and pro
ceeded in the direction of the Emmanuel
! Church.
The prosecution will probably claim that
at that time Mrs. Leek stood in the win
dow at 124 Bartlett street, diagonally oppo
site the church, and at 4:15 p. m. she saw
Durrant and a girl, whom she could not
positively identify, since she walked on
the outer edge of the pavement and in
talking turned her face toward her com
panion; that the two at 4:20 o'clock en
tered the side gate of the church leading
to the side door.
George King has testified that he en
tered the church, noticed the door to the
library, to which he and Durrant only had
keys, open; that he closed and locked it
and began playing the piano; that soon
afterward he saw Durrant enter the room
without bis coat and hat and strangely
pale and disturbed.
Durrant explained his condition by
stating that he had been fixing the elec
trical apparatus connected with the lights,
and had been overcome by the escaping
gas, of which there was a strong smell in
the church. Dnrrant sent him to a drug-
store for some bromo-seltzer, and on his
return the two carried a small organ down
from the main auditorium, and Durrmt
seemed strangely weak and had to rest
several times. The smell of gas in the
main auditorium was less strong tnan
downstairs, yet the ventilators for the
auditorium were so arranged as to prevent
the escape of gas into the loft where Dur
rant claimed to have been overcome.
When the two left the church Durrant's
hat and coat were in the library, though
King had not noticed them there pre
viously when he had tested the burners
for escaping gas.
Pawnbroker Oppenheim has stated that
Durrant, after the death of Blanche
Lamont, offered for sale one of the rings
the dead girl bad worn upon the day she
disappeared. The State will prove that the
rings were sent back to Mrs. Noble by mail
wrapped in an old newspaper.
If Mr. Barnes or the police have im
portant witnesses against Durrant whose
stories have not been made public, the
character of the prosecution's case will un
doubtedly differ materially from the fore
going.
Assistant District Attorney Peixotto said
yesterday that the prosecution would pro
ceed on the theory that the murdered girl
was lured to the belfry and there killed,
which would eliminate the question of the
physical strength of the defendant from
the case. He stated that the people will
account for Durrant's appearance to King
at the rear of the church by the theory
that after the murder he broke the knobs
and lock of the tower door upon the in
side and escaped from the belfry by way of
the rafters Of the false roof.
THE SAN FRANCISCO CALL, FRIDAY, AUGUST 30, 1895.
PRESENTED THE BEAR
Golden Gate Templars
Visited With Little
Zerubbabel.
CHEERS FOR THE CUB.
As Guests of Bay State Com
mandery the Californians
Went to Brockton.
ALSO VIEWED PLYMOUTH EOCK.
All the Outside and Speotacular
Features of the Big Conclave
Concluded.
BOSTON, Mass., Aug. 29.— Golden Gate
Commandery Knights Templar of San
Francisco to-day presented its titled bear,
Zerubbabel IV, to Bay State Commandery
of Brockton, and the occasion was one that
the Sir Knights of Golden Gate declare
will set the standard in their experience
for genuine hospitality. Golden Gate was
the guest of the Bay State.
At 8 o'clock this morning a committee
of the Bay State arrived at the Golden
Gate's hotel and began the day's atten
tions by distributing beautiful badges,
prepared especially for this day. Then
some streetcars, which had been chartered
to do so, stopped in front of the hotel and
the party boarded them.
The}' next stopped in front of the rail
way station, and the party there took a
special train which carried them to Brock
ton. There the Bay State Commandery,
Eminent Commander John H. Jackson
and staff, 215 swords, with the City Mar
shal and a platoon of police, with Mart
land's bands, stood drawn up in line await
ing them. Their reception was cordiality
itself. A committee of Brockton ladies
was in waiting to escort the ladies of the
Golden Gate. >
When little Zerubbabel lumbered off
the train he was gree ted by repeated
cheers, especially from the throng of little
people who had gathered to see him, for it
was kn own that he came to take up his
residence there. Guests and visitors drove
to City Hall square, where the Bay State
drew up in double colnmns and the Golden
Gates passed in front, properly returning
the salutes, then forming in line, while
Mayor John J. Whipple, in full Templar
regalia, came forward and was introduced
to Eminent Commander Clark and in a
clever little speech tendered the freedom
of the city.
The procession then moved through the
principal streets, which were crowded with
applauding people. They stopped at the
Brockton Club, where the ladies were
already being entertained. From there
they took the cars to the fair grounds,
where, in Agricultural Hall, a magnificent
banquet was prepared. Here, in the pres
ence of 600 banqueters, the formal pre
sentation of Zerubbabel IV took place.
Eminent Commander Clark transferred
the little bear to the keeping of the Bay
State Commandery in a short address.
Eminent Commander John H. Jackson re
sponded. Eloquent addresses were made
by Dr. Edmond E. Powers, past eminent
commander, on the part of Bay State,
and by Past Eminent Commander Sumner
and M. T. Owens and others on the part of
Golden Gate and Coeur de Lion.
Eminent Commander Jackson then pre
sented a beautiful banner of immortelles
bearing the emblems of the order to Golden
Gate Commandery. The band played a
march composed for the occasion and dedi
cated to Golden Gate Commandery, which
has not yet been printed, and indeed was
played here for the first time in public. It
will be published by Bay State Com
mandery and sent to San Francisco.
The menu was gotten up in beautiful
souvenir :-hape. After the banquet the
train was boarded again for the run to
Plymouth. There the gates were found
open, admitting the visitors to view and
touch famous old Plymouth rock. Zerub-
babel even was allowed "to play and bathe
about it to the great amusement of the
spectators, an enterprising photographer
taking the opportunity to secure a snap
shot at him.
All the sights of Plymouth were re
viewed from carriages and every possible
attention was paid the visitors. On the
return trip lunch was served with wine on
the train. An escort from Bay State Com
mandery made the return journey. Street-
cars, especially chartered, were found in
waiting at the station in Boston, which
carried the visitors back to the door of
their hotel, where they were set down,
declaring that for completeness they had
never known of such an entertainment
before.
The following ladies of the Golden Gate
party were with the excursionists: Miss
Anna Ayres, Mrs. Belle Barringer, Mrs. C.
S. Benedict, Mrs. J. H. Bruce, Mrs. A. M.
Bryan, Mrs. C. D. Bunker, Mies X, L.
Bunker, Mrs. E. Burling, Mrs. O. Burkett,
Miss Henrietta Carvil'e, Mrs. George D.
Clark, Mrs. G. L. Darlinir, Miss Ella Dick
son, Mrs. Christian Hellwig, Mrs. L. A.
Judson, Miss Lottie Judson, Mrs. A. W.
Jackson, Miss Jackson, Mrs. D. E. Knight,
Mrs. J. B. Lankershim, Mrs. Hervey Lind
ley, Mrs. S. K. Lindley, Mrs. *M. L.
Mathews, Miss M.F. Marshall, Mrs. Frame
Rader, Mrs. C. C. Royce, Mrs. Gay lor
Rouse, Mrs. F. W. Street, Mrs. Annie
Stadtmuller, Mrs. Helen Stadtmuller, Mrs.
E. B. Stuart, Miss H. L. Sinsabaugh, Mrs.
C. S. True, Mrs. M. A. Thayer.
There were forty-two swords of the
Golden Gate Commandery in the proces
sion. To-night the San Francisco com
mandenes are visiting the Oakland Com
mandery, which is holding a reception.
To-morrow the several delegations break
up and scatter preparatory to their return.
A Golden Gate party will be conducted to
morrow into the White Mountains by
Eminent Sir Knight Charles L. Field.
They will remain until Monday. Com
missary Eugene de Kay Townsend started
for New York and homeward to-day, the
first to depart. Tne twenty-sixth triennial
conclave, so far as outside demonstration
is concerned, is over, and has been a mag
nificent affair, successful in every way, and
the California delegation has every reason
to be proud of their part in it.
mocEEitiyos in conclave.
Eminent Sir Warren Lnrue Th etnas
Elected Grand Master.
BOSTON, Mass., Aug. 29.— At the morn
ing session of the Knights Templar it was
voted that the next conclave be held in
Pittsburg, Pa. Deputy Grand Master
Warren Larue Thomas of Maysville, Ky.,
was elected to succeed the Most Eminent
Sir Hugh McCurdy as grand master.
When the conclave opened this morning
it was decided to suspend the reading of
the records of yesterday's proceedings.
At the suggestion of the Very Emi
nent Sir Rev. Henry W. Rumeg it was
agreed to vote for grand master by roll
call. The first fcallot resulted as follows:
Whole number of votes 301, necessary for
a choice 151. Eminent Sir Larue Thomas
of Maysville, Ky., received 297, Eminent
Sir Samuel C. Lawrence of Boston 1, Emi
nent Sir Hugh McCurdy 2, Eminent Sir
R. H. Lloyd of San Francisco 1.
Sir Hugh McCurdy in a complimentary
address announced his successor amid
great demonstrations of enthusiasm. Sir
Knight Thomas replied in a speech ex
pressing his deep sensibility of honor con
ferred upon him.
The other officers elected before adjourn
ment were: Grand generalissimo. Emi
nent Sir Henry B. Stoddard of Texas;
grand captain-general, Very Eminent Sir
George M. Moulten of Illinois; grand
senior warden, Very Eminent Sir Henry
W. Rugg of Massachusetts; grand junior
warden, Very Eminent Sir William B.
Melish of Ohio.
The anticipated contest in the election of
a grand recorder this afternoon did not
develop into the lone struggle that many
expected. By the fourth ballot Sir W. H.
Mayo of St. Louis, Mo., was chosen. There
were two other candidates in the field.
When the election of grand treasurer
came up by unanimous vote Sir H. Wales
Lines of Meriden, Conn., was re-elected.
Other business was the reading of the re
ports of the committee of jurisprudence
and the committee on the revision of the
constitution. The former committee,
which consisted of Sir James H.Hopkins
of Pennsylvania. Sir J. Q. A. Fellows of
Louisiam. , Josiah H. Drummond of Maine,
Sir Joseph W. Fellows of New Hampshire,
Bir Corson Smith of Illinois, Sir Samuel C.
Lawrence of Massachusetts and Rhode
Island and Sir F. J. S. Gorgas of Indiana,
had been hard at work since Friday last
preparing its report, It related to Templar
matters and the establishment of a num-
ber of laws and regulations. ■ '~ 1
The report of the committee on the re
revision of the constitution was read by Sir
James H. Hopkins of Pennsylvania, on
whose suggestion consideration of its pro
visions was /deferred ~ until to-morrow
morning, to which time ;an adjournment
was taken. ; . — -'■■ . : • r
YOU A. GXEAT UJfIVEBSITV.
riana to Erect a Fine Institution for
. >'' .. ' » - Masons' Children, ]:}
BOSTON, Mass., Aug. 29.--In their pur
suit of methods for putting into practical
effect the principles of . their order — fra
ternity, fidelity and charity— some of the
prominent ; members -of the Knights
Templar are developing a project which,
if realized according to the ideas of its
originators, will prove to be one of the
grandest and most commendable out
growths of the closing years of . this cen
tury. .'■,■ .v
They are planning the establishment of
a great National university for Doth sexes,
to be controlled bs r and in the interest of
all Masons, with a permanent endowment
of not less than $50,000,000, at which the
children of all Master Masons, whatever
their means, can secure a complete edu
cation irom the age of 10 years and up
ward, along any line of instruction which
they may desire.
The scheme contemplates the erection of
a sufficient number of fireproof university
buildings to accommodate 10,000 students,
specially designed for the purpose and
equipped with every facility and appliance
known to be necessary or desirable for the
pleasure, exercise or education of the
same, including its own electric plant,
water works, etc. ; the establishment and
maintenance under the most competent
instructors to be secured of a preparatory
or academic department, and departments
of liberal arts, law, medicine, science,
theology and technology and the indus
trial school, thus being a true university,
in which each student can secure an edu
cation and training along any line which
he may desire to pursue. While the child
of no living or dead Master Mason will be
refused admission to the institution on ac
count of lack of means, it will be in no
sense a home or charitable institution, but
is expected to be self-supporting after the
first construction from tuition fees, the
products of the industrial workshop and
other revenues.
The plan contemplates further uniform
of all students, boarding and rooming
them within the university grounds, and
the leasing of the grounds for a nominal
sum for the erection of homes to such
parents as are not willing to be separated
from their children during their term of
education, such houses to be transferred to
other parents when no longer needed. The
location agreed upon for the institution is
a beautiful tract of elevated land on the
Ohio River, near the West Virginia line,
facing the river for three miles.
The projectors anticipate no difficulty in
securing the necessary endowment. In
fact, they assert that the idea has met
with such an enthusiastic reception from
all Knights that have been consulted that
four times the amount necessary could be
secured.
SE VEItAL 11 1.1.1* RESF OXSIBLE.
Verdict of a Coroner's Jury on the Ireland
Jiuilding DlaaMter.
NEW YORK, N. Y M Aug. 29.— The jury
in the Ireland building disaster inquest
came in at 6:15 o'clock this evening and
held the following m«n responsible for the
death of those who were killed in the col
lapse of the Ireland building at West
Broadway and West Third street: John
Parker, Thomas Walker, Charles R.
Behrens, Thomas Murray, Edward J. You
dale and Dennis A. Buckley.
Joseph Guider and John E. Selleck were
exonerated by the jury. The collapse, the
jury says, was caused by insufficient found
ation, and the middle column was
weakened by beinp above the old cistern.
The ironwork of the old building was de
fective.
One Child Burned to Tieath.
LA CROSBE, Wib., Aug. 20.— Late to
night an explosion of a lamp set fire to
Architect Andrew Roth's house. Their
little child, sleeping in the room where the
explosion ocourred, was burned to death
before it cou ld be saved. A couple of dress
makers occupied the upper story, and one
of them jumped from a window, breaking
her leg.
Sentenced in Germany.
DECATUR, Ind., Aug. 29.— Word has
just been received here that H. M. Rom
berg, a prominent citizen and member of
the Democratic Central Committee, has
been captured in Hamburg, Germany,
where he was visiting his old home, and
sentenced to twelve years, imprisonment
for whipping an officer in the German
army before coming to this country.
Fatal Explosion of a Boiler.
WARSAW, Ind., Aug. 29. — By the ex
plosion of a boiler at the oar factory here
at noon to-day, Quincy Nebruner, the fire
man, was scalded to death, and James
Hoffman, a teamster, was struck by a fly
ing missile and killed. The explosion oc
curred while the men were at dinner, or
the list of fatalities would have been larger.
Bissell Will Sot Accept.
BUFFALO, N. V., Aug. 29.— 1t is learned
on reliable authority that ex-Postmaster-
General Wilson S. Bissell has been offered
the place on the Supreme Court bench,
left vacant by the death of Justice Jackson.
Bissell will not accept.
DROWNED IN A MINE
Thirteen Men Perished
in the Bob Tail
Tunnel.
NO CHANCE TO ESCAPE.
Various Theories as to the
Cause of the Latest Colo
rado Disaster.
IT WAS A FAMOUS PROPERTY.
Millions of Dollars' Worth of Gold
Bullion Taken From the Old
Claims.
CENTRAL CITY, Colo., Aug. 29.—
Water broke through the walls separating
the abandoned workings of the Bob Tail
Tunnel property and the Sleepy Hollow
and Araericus mines at 3 o'clock this after
noon and caught thirteen miners before
they could be warned of their danger.
News was brought here by courier late
in the day, and men have gone down to
assist in recovering the bodies as it is not
believed that any of the workmen escaped.
How extensive the disaster is cannot be
determined to-night.
The Bob Tail Tunnel property was
famous in the early days of Gal pin County
for its great yield of gold. Its shafts,
drifts and chambers penetrate into the
hills for miles. The property was closed
down for years. About four years ago a
Haverhih (Mass.) company opened a por
tion of the property named the Fisk, out
of which they have taken over a million
dollars.
This has encouraged others to lease por
tions of the property, and of such were the
Sleepy Hollow and the Americus, which
are easterly extensions of the Fisk. The
new workings must have gone too close to
the abandoned drifts, filled with water,
and the walls broke, engulfing the new
workings.
The break occurred at the Mabee work
ings, now idle. Two unknown Italians
were drowned in the Americus and eleven
men in the Sleepy Hollow.
Those unaccounted for are: Thomas
Williams, William Tnomas, Thomas Cor
bis, J. Harris, John Parks, H. Prisk and
son, B. Brockenbrough, J. Nozoro, N.
Vegans and O. Prous. The body of H.
Prisk has been recovered.
A later cause is given in a supposed rise
of water in the incline shaft of the Greg
ory lode, whose pumps have not been in
operation for some time. The excessive
rainfall of this season is the remote cause,
the pumps of the district not being able to
handle the water.
AIDING THE CUBAN JUNTA
The Representatives of South
Atnerican Republics
Enlisted.
Consul Moya of San Dominsro Dis
missed for Supporting the
Rebel Cause.
NEW YORK, N. V., Aug. 29.— The Sun
says:
The leaders of the Cuban junta in the
United States have been carrying the
war into Africa. It is now said to be a
fact that nearly every Consul representing
the South American republics in this
country is an active agent la the junta
and is doing his utmost to further the
cause of the insurgents. This has put
every representative of Spain on his met
tle. It has particularly awakened Senor
Arturo de Baklasano. Spain's Consul-Gen
eral in this city, to what is his manifest
duty, to protect his country by insisting
UDon the observance of the international
laws of neutrality.
Consul-General de Baldasano had re
ceived information that the Consul for the
Dominican Republic, Senor D. M. Moya,
is a leading member of the Cuban Revolu
tionary Club at Jacksonville, Fla. He- is
stationed as San Domingo's representative
at that post. Senor de Baldasano imme
diately drew the attention of the Domini
can Consul-General in New York, Senor
Mozy Gil, to the work of Moya at Jackson
ville, where the Cuban movement is es
pecially strong. He declared that San
Domingo was rlagruntlv violating neutral
ity laws and demanded Moya's prompt
punishment.
Upon these representations Senor Mozy
Gil cabled for instruction. He is abso
lutely in charge of Dominican affairs in
this country, but decided to ask for in
struction from the Cabinet of San Do
mingo. Word wss sent to him to use his
judgment in the matter. He was warned,
however, not to get bis country into com-,
plications with the Government of Spain.
He took this as a hint, and acting with un
questioned authority at once telegraphed
to Moya, dismissing" him from the service
of San Domingo.
Moya is a Cuban himself, and he sent on
a scathing letter to New York, in which
he stated that his own country was only
striving for the same freedom San Domingo
herself had obtained. He has been a Con
sul for fifteen years, and is recognized as a
bright and energetic agent. One of his
Iriends in this city said last night that the
action of Senor Mozy Gil could only be
justified by the fact that he had received
positive instructions from his Government.
RAXBOM IS MINISTER.
Once More Be Assumes the Duties of the
Mission.
WASHINGTON, D. C, Aug. 29.-Hon.
Matt W. Ransom arrived, in Washington
last night, and bright and early this morn
ing appeared at the Btate Department,
where ne took the oath of office before a
notary public to enable him to reassume
the duties of the Mexican mission. Mr.
Ransom's suspended salary will be re
sumed from the date of the oath.
Minister Ransom will remain in Wash
ington a day or two and then go to North
Carolina, whence he will take his departure
lor Mexico a week or ten days later.
It transpired to-day that when the ques
tion of Mr. Ransom's right to hold the of
fice of Minister to Mexico was raised in
the Treasury Department he at once for
warded his resignation to the President in
order that the Jatter might not be embar
rassed. It is understood that both the
President and Mr. Ransom believed the
appointment was not completed until the
latter accepted the position and qualified,
which was not done until after his term as
Senator had expired. The fact that Mr.
Ransom resigned the office disposes of all
speculation regarding the manner of the
payment of his salary from July 1 to Au
gust 24, the date of his reappointment. It
will not be paid at all.
Regarded as "a Pure Fake."
WASHINGTON, D. C. Aug. 29.— Officers
on duty at the War Department regard the
story telegraphed from El Reno, Okla
homa, that Captain Baldwin of the Fifth
Infantry, acting Indian agent of the Co
manche" and Apache agency, has been
killed by Indians as a "fake" pure and sim
ple. If there was any truth whatever in
the story they think that the department
would have been notified of it long before
this. Captain Baldwin is considered a very
able officer. He has had no trouble with
the Indians, and the only enemies he has
in the region, as far as is known, are the
whisky men.
WORK OF fOHEJOy FARMERS*
Secretary Morton Think* It Ahead of
Americana.
WASHINGTON, D. C, Aug. 29.— The
rapid advances made by the agriculturists
of other countries, both in the matter of
production and the facilities for marketing
the products, are watched with deep con
cern by the officials of the Agricultural
Department. Secretary Morton said yes
terday: "It looks as if the farmers of all
the big producing contries are trying to
shut out their American brothers. The
agent of the McCormick Harvester Com
pany, now in Russia, a gentleman of intel
ligence and experience, writes me that he
has seen crops of 75 to 100 bushels of
wheat to the acre thrashed out there.
What would we think of such a yield here?
"And see what Argentine is doing. A
report dated July 17 has reached the de
partment from Buenos Ayres, stating that
upon the basis of the figures for the first
six months of this year the Argentine He
public will send in 1895 260,000 head of
beef cattle alone to Europe.
"Accompanying this was a photograph
of a scene 300 miles inland of an ocean
going vessel lying alongside an elevator
and being loaded with wheat that grew on
the other side of the elevator — absolutely
no land carriage at all. When our wheat
reaches the seaboard or a point at which it
can be loaded on ocean vessels a pretty
penny has been added to the cost of pro
duction in the freight paid, for its transpor
tation by railways.
"Only to-day," continued the Secretary,
"a Mr. Featherstone, a member of the
Union Club, Sydney, Australia, was in
here and told me he had just completed
arrangements for shipping dressea beef
from that country to the London market,
with the privilege of thirty days' storage
in cold-storage warehouses on arrival, at a
half a cent per pound for the whole trans
action.
"We may have to repeat Lednc's tea
farm experiments," said fcecretary Morton,
"if what McCormick's man says is true,
that tea is being successfully grown about
Odessa, Russia. I don't see why it can't
be made to grow in South Carolina."
AS TO RIGHTS OF TRUSTS
An Important Suit to Be
Brought Against a To
bacco Combine.
Ironclad Contracts With Customers
Said to Be a Violation of
the Law.
SYRACUSE, N. V., Aug. 29.— The le
gality of the business being carried on by
the American Tobacco Company, every
where known as the tobacco trust, is to be
tested through the medium of proceedings
brought by C. A. Whelan of the tobacco
jobbing firmpf C. A. Whelan it Co. in this
city. At his instance a petition addressed
to Attorney - General Hancock, praying
that that official institute a suit to compel
the trust to suspend the transaction of
business in this State was served on the
officers of the American Tobacco Company
in New York to-day.
The papers in the case were prepared by
Edgar M". Wilson. The petition is re
enforced by affidavits showing the methods
which are pursued by the trust in the con
duct of their business, and which, it is
said, are plainly in contravention of the
conspiracy laws. The petition includes a
transcript of the contract used by the
trust in dealing with its customers, an
iron-bound agreement that in case goods
are furnished the dealer by the trust,
goods of other manufacturers shall be ex
cluded from sale. This is held to be a
defiance of law, and on the strength of the
evidence therein contained it is said the
Attorney-General will grant the petition.
The answer to the petition served to-day
is returnable before Attorney-General
Hancock in this city on Tuesday next.
There is little question that the Ameri
can Tobacco Company will resist these
proceedings to the very last. The trus^ia
one of the richest combinations of capital
in the world. Its stock amounts to
$3,000,000, and it is held by manufacturers
of cigarettes whose private fortunes
amount up into the tens of millions. It
will doubtless be represented at the hear
ing in this city on Tuesday by the ablest
counsel. The case is understood to em
brace a number of important points en
tirely new in the discussion of trusts and
their rights.
TROUBLE AHEAD FOR QUAY.
There Remain Pennsylvania Factions to
tight Mini..
PHILADELPHIA, Pa., Aug. 29.—Sena
tor Quay's victory yesterday at Harrisburg
over his opponents in the Republican
party may not be the absolute triumph
that it appeared in the bout that followed
the defeat of the administration forces.
In fact, yesterday's battle may be but the
first of a lorn? and desperate campaign.
Senator Quay had no more determined ad
versary during ihe late struggle than the
Philadelphia Evening Telegraph. Al
though routed, the Telegraph was as defi
ant as ever yesterday in its editorial col
umns and scored Quay severely. This
afternoon the Telegraph has a long story
in its news columns which declares that
yesterday' seeming harmony between the
two factions was more apparent than real,
and that a truce, and not peace, was
patched up.
Small Arms for the Xavy.
WASHINGTON, D. C, Aug. 29. — A
contract has been signed by the Navy De
partment between Samuel C. Lemley,
judge advocate-general of the navy, and
John P. Lee of Hartford, by which, for a
bonus of $20,000, the department is given
the right to manufacture the Lee small
bore ride, recently adopted as the small
arm for the naval service.
Before the contract is completed by the
payment of the money Lee will be obliged
to give a quitclaim of the Lee Arms Com
pany, which has also the rights of manu
facture, or an indemnity bond of $20,000
that the company will not continue to
make the weapon.
Raised the Reserve.
WASHINGTON, D. C, Aug. 29.-The
Treasury Department is informed that the
Belmont-Morgan syndicate to-day depos
ited $1,500,000 in gold in New York in ex
change for greenbacks. This raises the
treasury gold reserve to $101, 700,000.
Northern Indian Troubles.
WASHINGTON, D. C, Aug. 29.— The
Indian Oflice has received no advices con
cerning the alleged troubles between the
settlers and the Indians in Kali3pell Val
ley, as reported in the dispatches from
Spokane, Wash.
Flnlaysoii Appointed.
■WASHINGTON,; D. C, Aug. .29.-Tbe
Attorney-General to-day appointed Frank
G. Finlayson of Los An^'li 1 * Assistant
United States Attorney for the Southern
District of California.
HOLMES ACCUSES HATCH
The Insurance Swindler Yet
Declares That He Is
Innocent.
Says That the Pitzels Were All
Murdered by the Myste
rious Man.
PHILADELPHIA, Pa., Aug. 29.-Law
yer W. A Shoemaker had a long confer
ence in Moyamensing prison with his
client, the alleged wholesale murderer,
H. H. Holmes, during which the prisoner
protested hia innocence of complicity in
the killing of Howard Pitzel, whose bones
are said to have been found in a dwelling
near Indianapolis. Holmes states that he
is almost certain that the fragments of
human bones unearthed by the detectives
are those of the missing lad, but declares
that the boy was murdered by the myste
rious Hatch. He further positively asserts
that Hatch killed both of the other Pitzel
children. When Detective Geyer returned
from the West he called upon Holmes and
was furnished with a clew that led him to
Indianapolis.
Holmes appeared to be willing and anx
ious to aid the detective in locating How
ard Pitzel, and gave Geyer valuable infor
mation that led to the finding of the bones.
Mr. Shoemaker pays that his client can
prove beyond a shadow of a doubt that he
couJd not possibly have killed young
Pitzel. He admits that he was in Indian
apolis with the boy, but says Howard was
turned over to the care of Hatch, and that
he (Holmes) was not in Indianapolis at the
time the crime is said to have been com
mitted.
Holmes said that he met Hatch in Chi
cago, and that he was given to believe that
Howard and Miss Williams had gone to
Buffalo. No steps have been taken by the
District Attorney in reference to the new
developments, and nothing will be done
until Detective Geyer returns.
INDIANAPOLIS, Ind., Aug. 29.— The
drug with which Howard Pitzel was killed
before his body was burned in the big stove
in the Irvington cottage was found buried
in the barn. It was given to the Coroner,
who remarked that if there is any killing
to be done, that was the drug with which
to do it.
Boys digging under the Holmes house,
in an unfinished portion of the cellar,
found the two feet of Howard Pitzel. They
had been burned, but not destroyed, and
were evidently too bulky to put into the
chimney. With the feet was found buried
a five-quart can. There was some coal oil
in it.
All of the witnesses were before the Cor
oner and the Grand Jury to-day. The
Coroner will undoubtedly corroborate the
conclusions already reached by the detec
tives and reporters.
STOP BEXDIXG PLUMS.
Other Fruits, However, Bring Good 'Price*
in London.
LONDON, Eng., Aug. 29.— The consign
ment of California fruit which arrived by
the steamer New York was in much better
condition than any of the former ship
ments. The Bartlett pears were too ripe,
and this fruit consequently sold at from
9 to 11 shillings a box at the Covent Gar
den market sale. Hardys and Duchess
pears fetched 12 shillings a box, and Cler
goats (halves) 4 shillings 6 pence. Peaches
brought from 5 shillings to 5 shillings 9
pence a box, and plums from 4to 5 shil
lines.
Mr. White, the auctioneer, who con
ducted the sale, advises that the shipment
of California plums be stopped for a fort
night, after which time there will be a
better trade. He says there will be abso
lutely no French pears after next week,
and that the crop or English pears will be
exhausted in a fortnight, after which there
will be grand trade in the California prod
uct until Christmas. The quality of the
fruit received by the New York will restore
the confidence of the dealers.
Advice From the Pope.
ROME, Italy, Aug. 29.— The Pope has
declined to leceive at the present time
several personages who desired an audience
of him. His Holiness intimated his desire
that they visit him on September 20, their
visit to be taken as a protest against the
national fetes in honor of the occupa
tion of the City of Rome by Italian troops.
The Pupe advises that Catholics abstain
from making counter-demonstrations on
that day.
Will Fight in Dallas.
AUSTIN, Tex., Aug. 29.— Scott Collins
and Jim Cavanagh have announced that
they will fight in Dallas September 27.
This is looked upon as an effort upon the
part of the Corbett-Fitzsimmons combina
tion to make a test case of this fight with
a view of carrying the matter to the higher
courts and getting the law on pugilism de
clared null and void in time for the Cor
bett-Fitzsimmons fight.
Two Fights Postponed.
BOSTON, Mass., Aug. 29.— The Choynski-
Godfrey and the Garrard-Connelly rights,
announced for to-night under the auspices
of the Farragut Athletic Club, have been
indefinitely postponed.
■ Peruvian
Bikers
Cure the morbid appetite for stimn«|
lants when all other remedies fail
Peruvian
Restore the lost appetite when all
Other remedies fail.
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Peruvian
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For lack of vitality, headache
and billiousness there is no remedy
like it.
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