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VOLUME LXXXII.-NO. 135. TRAINMEN BREAK FOR THE WOODS Four Bandits Rob an Express in Broad Day. THEY FAIL TO OPEN THE SAFE. hoot the Conductor and Turn Their Attention to the Passengers. CO THROUGH THE CARS FOR LCOT. The Nesrro Sleeping-Car Porter, on the Run. Empties His Revolver at the Robbers. Special Dispatch to The Cali. AUSTIN, Tex., Oct. li\— This afternoon at 5:30 o'clock, in broad, open daylight, and within twelve miles of the corporate limits of the city, the southbound can nonball train on the International and Great Northern Railway was held up by four men and robbed. The conductor oi the train, Tom Healy, was shot by the robbers while resisting tbem, but fortunately not seriously wounded. One of the passengers had his shirt col lar carried away by a pi-tol ball that was aimed at his necic, and another received a bullet wound in the hand. The passengers were robbed of some $200 in money. The bandit? attempted to r.fie the safe in the express-car, but were unsuccessful. When the train reached McNeill, a small station fourteen miles above this city, two men heavily armed boarded the train and took up their staud on the rear platform. After the conductor had , checked up the train he reached tne plat /form only to find a pistol at either aide of bis head. Tie men demanded that he stop the tra*n. He declined to do so and i began to run through the trair, with the two robbers in c'.osb pursuit. He had not gone half the length of the first car when the foremost robber shot at him, bnneing him to the floor with a pistol wound in ■ the right arm. At this iuncture the other robbers pulled the bellcord and the train was brought to ™ a standstill. It was evidently at the ap pointed place, for the train had hardly stopped before two other men, whose faces were covered with ma«ks, stepped out from the tree 3 and began shooting into the cars. Instantly all was confusion. The two men on the train were immediately joined by tnose from the woods and bezan their work. As the train porter sprang from the rear coach and ran forshelter a robber began shooting at him and the negro emptied a revolver in return without ef fect. The express messenger looked out, and. taking in the situation, left his car and ran through the woods and was soon lost to sight. The robbers in the meantime, leaving two men to guard the three coaches, which were packed witn passengers, pro ceeded to the express-car and demanded Obntinued on Second Page. MAJOR-GENERAL HUNTER AND STAFF ENTERING BERBER. SIMLA, INDIA, at. 12.— A dispatch from Mamund announces that the Jirga tribesmen have surrendered their Martini breech-loading rifles and have solemnly sworn to maintain peace and drive out Umra Khan's followers. The troops forming the Mamund punit.ve expedition have destroyed twenty-six fortified villages and have killed many of the insurgent natives The San Francisco Call FORWARD DURRANT'S APPEAL Attorney-General Fitz gerald Wants to Ex pedite the Case. t HEARD IN THE SU PREME COURT. • ■ Habeas Corpus as a Block to the Execution of the Law. i I STATUTES OF CALIFORNIA NUGATORY. ■ - A Speedy Determination of the Matter tn the Interest of Law and Order. i Special Dispntch to The Cam. WASHINGTON, D. C, Oct. 12.— 1n the United States Supreme Court to-day At ! torney-General Fitzgerald of California i moved to advance the hearing of the case j of W. H. T. Darrant, under sentence of ; death in California. The case is before the Supreme Court in the snaps of an ap peal from the decision of the United States Circuit Court refusing to grant Durrant' s , motion for a writ of habeas corpus. After stating the facts of Durrant's : crime, of his sentence and confinement in | prison and his appeal to the Federal courts tho motion Presents the following reasons fora speedy hearing of ihe case: "The special and peculiar circumstances ! existing as reasons for the advancement i of this case on the docket of this court are as follows: "1. That this is a case involving the prompt and orderly administration of the criminal laws of the State of Califor nix. "2. That the appellant has been con v:cted of murder in trie first degree in one ; > of the Superior Courts of the State of Cal | ifornia, the judgment of conviction has been passed upon and affirmed by the j highest judicial tribunal of mat State, and ; i this proceeding delays and thwarts the punishment of appellant in accordance with the judgment pronounced against i him by the courts of said State. « "3. That by virtue of the provisions of section 766 of the Revised Statutes of the j United Slates the appeal in this ca«e pre- j vents the prompt and orderly administra- j tion of the criminal laws of the State of I California. "4. That by reason of this proceeding ! ; and others of a like character now pend- j I ing in this court the enforcement of the I criminal laws of the State of California is j ' hampered and thwarted, and the laws of '■ I that State for the administration of justice and the punishment of crime are rendered largely nugatory and are brought into derision and contempt. "5. That, therefore, a speedy determina- ! tion of this cesa by this court is in the in- ' terests of justice, law and order, and is a \ matter of the utmost importance to the people of the S:ate of California." The court took the motion under ad visement. After making his motion to advance ! ; Durrant's case in the Supreme Court to- : j dny Attorney-General Fitzgerald said to j The Call corres* ondent that ne was! j assured the court -could render a decision J on n. Xt Mond'/- SAX FRANCISCO, WEDNESDAY MORNING, OCTOBER 18, 1897. FLAGSHIP BALTIMORE IN SERVICE Commissioned in Haste | and With but Scant Ceremony. URGENTORDER FROM WASHINGTON. \ Officers Have Scarcely Time to Don Their Naval Uniforms. BUT FIVE OF THE SEAMEN PRESENT. | ; The Cruiser Receiving Stores and Getting Up Steam for a Voyaare. Special Dispatch to 1 he Call. VALLEJO, Cal., Oct. 12.— The crniser Baltimore was put into commission at i 2:30 o'clock this afternoon. No ship was ; ever commissioned with less ceremony. ; At 2 o'clock Admiral Kirklana received a J telegraphic message from the Navy I)e --j partrnent ordering him to put the Balli ! more into commission. Captain Glass was given the necessary instruciions and, going down to the big white cruiser lying at the whar!, called to Commander Block linger to put on his uniform coat and get ' as many officers together as he could find. Lieutenant Uraunersreuther hurried j home for his dress coat. Paymaster Bei ; low?, who already had on his regulation coat; Pay Clerk Corwin. the boatswain , and bailmaker John Roddy standing on the bridge, were all the officers in sight. Five bluejackets in their working tuits constituted the entire iorce of seamen, ex cept for an old salt at the halyards, who, as soon as Captain Glass had read the orders, turned the shipover to Commander Bloclt- Jinger. Before any of the workingmen en board realized what was going on the American flai; and pennant were flying and the Baltimore was in commission. It was pronounced tiie most unusual method of placing a ship in service on record. It is now i-iven out that the Baltimore will go to San Francisco and the crew lrom the Philadelphia will be transferred ! to her on the Utier's arrival. Thi-, how ever, is bardly po-sible, as there >> nothing to be gained by that procedure. Stores aie being rushed on board as la->t as possible. All day long package after package was passed aboard and stowed away. The men who came from BrooKlyn N 'ivy-yard to sail on the crui«er Jive aboard the Independence. They took no part in the c* remony of putting the cruiser under the flag. The officers here are now unaer sea pay. Steam will be got up in the boilers to night, but for what purpose no one .seems ! to know. On Friday, the Ist inst., Rear Admiral \ Kirkland telegraphed the Navy Depart- ! ment that the Baltimore was ready to go I in.o commission. He had received iru- '■ perativ..' orders to h^ve the ship ready for j service by that da:e, and according to In- ' structiotis reported her in readiness to re- i ceive her crew. As a matter of fact the Baltimore was still in the hands of several Continue! on Second Page. A THREAT OF COOLY INVASION j Miriam Michelson Talks to Two Congressmen on Annexation. CHINESE CANNOT BE KEPT OUT. ! Free to Come and Go Under i . the Law of • the Land. ... . . ... . THOSE IN HAWAII MENACE AMERICAN LAEOR. Maeulre Touches the Spot of the Real Danger of Taking In the Islands. One thing that influences me largely is the number ot Chinese now in Hawaii — one-fourth as many as there are in the United States. They could not ha kept out of the United States any more than they can be kept from traveling from one State or Territory to an other. They will come here for the simple reason that they can get better wages here, and new importations of contract labor in Hawaii will take their places. These, in turn, will follow their predecessors to our shores, and our laboring men will have the old prob lem of cooly labor to con tend with. — James G. Ma guire. 1 interviewed two Congressmen yester ' day on the question of the annexation of the Hawaiian Islands. There isn't an untidier spot in the world than Congressman Maguire's table. That is. of course, if his chairs be excepted. And this only, if one forgets to notice the wastebasket overflowing on to the floor. The desfc is so covered with books, legal and otherwise, pamphlets, important looking legal documents bearing seals, letter*, inkstands, pens and pencils, that there isn't an inch of room left shoull Judge Magufe have occasion to writa a j line. The chairs upon which he and I sat were the oniy pieces of unincumbered ! furniture in the office— before we were seated. I suppose one of them serves as a ' desk when Judge Maguire isn't submitting | to the operation of an interview. But the Judge's submi-slon is vory graceful. I tried to excuse my intrusion ! uDon a very busy man's time by saying ■ omethmg about interviews bein<» one of : the penalties oi greatness. He laughed at j this. "I don't know about the greatness, but PREMIER SAGASTA DECIDES TO DEFY THE UNITED STATES PREMIER SAGASTA OF SPAIN. it's what one has to expect when one gets mixed up in politics." Judge Mneuire speaks as one would ex pect a man of his reputation to speak. His voice is decided, determined. He talks un hesitatingly, finishing his sentences care fully, as if be knew how they were going to look nert day 'a the paper U« sits erect M lie speaks, gestures little, and looks his in terlocutor squarely in tha eye while ne gives expression to bis opinions. "I have aiways bean opposed to the project of annexation," he said, "for I be lieve that its disadvantages far outweigh the pood we might get out of it. The only benefit to the United Slates is a com mercial one, and that we have now, and rnoit probably shall continue to have. As to the military side of the argument, I consider it absurd to fortify an island away out in the Pacific which couid be taken by the enemy before we couid know that it was menaced. Even if there were a cable we couldn't send re.ief to .Hawaii in less than six days, and by that time it would be useless. "1 do believe, thoueh, that the United States should resist any other country's taking possession of the islands." "What country is fikeiy to?" "Japan. It was stated that 2000 soldiers had been landed there, you know, in the cuise ol laborers, a::d that there would be an uprising of the Japanese on the arrival of Japanese warships." "And do you believe that?" I asked. "No-o." The Judge smiled. "But if Japan should attempt to seize the islands, the United States should interfere. There is one thing mat would change my mind on this matt r. Tiie administration may have some knowledge of Japan's inten tions or plans, which would make annexa tion of the islands the only means of our retaining our influence over them, but as I feel now, I am opposed to tatting them in. 'One thing that influences me "largely is the number of Chinese now in Hawaii — one-fourth as many as there are in the United States. They could not be kept out of the United States any more than they can be kept from traveling from one State or Territory to another. They will come here for the simple reason that they can get better wages here and new impor tations of contract labor in Hawaii will take their places. These in turn witl follow their predecessors to our shores, and our laboring men will have the old problem of cooly labor to contend with." '•Do you think that the Senate will an nex the islands?" "I don't think the Senate has the power without the House to make treaties with an independent state. That question was broueht up when Texas was admitted, you remember." I didn't clearly remember the a*.mis sion of Texas, but I didn't tell Judge Mac ire so. "No; the Hou*e will have something to say about this matter," he went on. "For this reason i think you'll finl Con cressmen more careful in giving expres sion to their opinion. One talks very dif ferently when he thinics he is merely giving an off-hana opinion of a matter about which ne is 10 have no responsi bility." It was with the memory of Judge Ma guire's positive voice ringing in my ear that I began my interview with Congress man Loud. And Mr. Loud, who's as reti cent ars Ju Ice Maguire is outspoken, very kindly and piomplly f,ave me a lesson in interviewin . "Nev*r a<k a direct question," he said, crossing his legs and dosing his smiling eyes. So I began over again. "Tell me what, in your opinion, the United States witl gain by annexing the Hawaiian Islands." "The gain will lie only a commercial one. I discard without discussing it thp ques tion of patting up fortifications 2100 nii.'es ay. ay. If we are woing to lortny #ur country the coasts of ihe Atlantic and tlie Pacific are the proper Doinis to be careii for. Hut the important question, to my mind, is the form of government we could give ihu islands. And if the danger of givinp the suffrase to the kind of people there are in the Hawaiian Islands be comes manifest, it should outweigh the five or sir million dollar's worth of annual commercial benefit ye would get irom annexation." "Do you think ttat the islands will be annexed?" lasted. "I have no more means of knowing that," responded Congressman Load de murely, "than you. Congress is an ex ceedingly busy bedy of men, and until a question comes up before the House no one can pretend to a knowledge of th© sentiment that will decide that question. Besides, there in a tendency to put into effect that excellent proverb: 'Never do to-day what can be put off till to morrow.' " "A sort of Manann. policy," I suggested. "l r es. You know the question may never come up. To-morrow may never come. Or one might be dead when it did come." "Mr. Loud, if you could be assured that no other nation would annex the island?, that they would remain neutral, and that the United States would retain iis present commercial and social influence over tiiem, wouM you be opposed to annexa tion. Ther?," I concluded triumphantly, "isn't that an innocuous question?" "Yes," he admitted ?!owly, "it is. Now, if you can get that question in precisely that same form in your interview," said the cautious Congressman, "I have no hesitation in saying that 1 would be opposed to annexation, and every man in San Francisco — except the few who are forever waving the stars and stripes — would answer 'yes' to it, too." When I rose to go Mr. Loud askad me in his easy voice — there might have been just a shade of aarcasm in it — whether 1 had enough. "You'll never find a man more willing to talk," he said genially. 'The Wash ington correspondents will tell you that. They say I'll always talk, but that I don't always say something." Miriam Michelsox. REVOLUTIONISTS IN FULL FLIGHT. Morales and Fuentes Flee Into Mcxco and Their Fol owers Scatter Before Barrios. TaPACHULA, State or Chiapas, Mex ico Ot. 12.— Fuenies and Morale?, two leaders of the revolution in Guatemala, hare reached here by traveling day and night, having abandoned their country on learning that Barrios had sent a large force against them. Many others, filled with panic and dreading the vengeance of Barrios, have left all their property behind them. There are at ijii- moment in this depart ment more than 1000 refugees, among them many private persons ami revolu tionists. Nobody expected such a result when the revolution b«>gan under such brilliant auspices. and the revoiu tioni>ts were in posses-ion of so many strong places and hud the general support of the people. Refugees know their prop erty will be confiscated, as the Govern ment has issued a decree to that effect. Some people took the precaution to de posit their valuables with the British Con sul at Quezaltenango. MiiS. CHJS.\JEI'», SCHOOL. An Intrrenliiiij In*(ittit* for JUttaie, Phy -ic il and Oetmral t.ttlture. CHICAGO, 111., Oct. r l2. — Tne Mrs. John Vance Caeney school for music, physical and general culture opens its doors to-morrow lor the first time. The ; scliool is the outgrowth or Mrs. Oheney's music courses of last winter. The Idea of such a school presented iiself to Mrc. Che ney last spring, but it was not until' re cently thai she wns able to secure the services of persons with rpnliricatiorM nece?»a-v to »ssisi iier in her undertaking. A little ma/jjtztne calle-1 tite Spray, wh eh will serve as an organ for announcements and for theories advanced by the institu tion, is lo be published by Mrs. Cheney. PRICE FIVE CENTS. ho nm LIT TO THE WAR Spain's Reply to Be Polite but Very Firm. WILL TOLERATE NO INTERFERENCE. Cuba Is Her Affair and She Will Settle With the Island TO MAKE NO ROW AEOUT CISNEROS. More Than a Suspicion the Madrid Government Is Glad to Be Rid of the Yountr Woman. NEW YORK, N. V., Uct. 12.— The World's correspondent at London cables: The Madrid Government has been so favorably impressed by the welcome pub lic opinion and the press are said to have given the new policy, that it has been de cided to reply to the note of Woodford in a polite but firm tone, absolutely ignoring I the possibility of mediation, declining to i fix a date for the closing of the war and ! expressing the belief that the condition of i the insurrection and the activity and ef forts of the Spanish forces, coupled with the contemplated reforms, are quite suffici ent to justify the hope of an early pacifi cation, which would have been more rapid if the rebels had not found support under the colors of the American flag. Blanco cannot reach Cuba before the first of November, still the Government will ' >gin its reforms of the economic ad ministration before January, simultane ously with vigorous military operations and active negotiations behind the scenes through the assistance of leading autonom ists. CISNEROS IN A CONVENT. Taking Re'ujjra From Her Con science, for It Is Said Spain Is Glad to Lose Her. NEW YORK, N. V., Oct. 12.— A special from Washington says: A report is in circulation here to-day that Senorita Cis neio*, the young Cuban who was rescued from prison at Havana last week, is at a Georgetown convent in West Washington. The sisters at the convent will not say anything about the matter, and for that reason many people are inclined to think there is something in the rumor. It is alleged tuat diaries Duval, who effected the escape of Miss Cisneros, is Charles D.tval Decker, cr Kar! Decker as hn is generally known. He is co:ine<:ted with the Washington ofticr- o; the news paper that sent him to Cuba, and was formerly the Washington reporter of ihe staff of the Baltimore American. He was in Cuba iast winter, and returned there about one month ago under contract to effect the girl's release. Decker is a married man, and had a writ eu agreement providtng for Mr». Decker's support or remuneration in case Decker should be killed or put in prison. If the rescuers are arrested in this coun try on the demand of Dupuy Delome they will be brought before a United States Commissioner, who will be obliged to re lease them on account of the refusal of the United States to recognize the author ity of the State Department to surrender an American citizen to a foreign Govern ment for trial. It is believed at the State Department tbat the Spanish authorities are heartily giad to be rid of the girl, and will not press the case closely. A demand for the punishment of the rescuers may be made and a claim against the Uni;eJ States lor damages on account of the rescue roav be presented. WASHINGTON, D. C, Oct. 12 —It is stated lieie on t tie best authority that Evangeiina Cisneros, the young eirl who recently escaped from Havana, will arrive in New York to-morrow morning on the steamer Seneca. It it known that messages have been passing between 'he auth irities here and persons in New York regarding her land inp, and it is said that the Government will permit of no interference, but will allow her to land. This is done, it is said, because of rumors tbat Spain h;is taKen step- to prevent the landing of the escaped prisoner. The friends of the young woman were prompt to act in her behalf and have paved the way for h<r safety, and assured themselves that no interference cm po-si bly t:ike place on tne part of either in d'viduais or Government. Il is expected ihat a royal wnlrome will be Riven her. It is said the Seneca «mn Miss Cisneros aboard will arrive here at 8 o'clock to-morrow morning.