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LONDON, Oct. 18.— The Admiralty has sent instructions to Davenport to prepare for the construction of a battleship larger than any now existing. Her displacement will be 16,500 tons and her length 425 feet. She will be the first vessel of the King Edward class. Britain's Big Battleship. NEW YORK, Oct. 18.— Funeral services over the remains of the Puke of Alva were conducted to-day, at St. Leo's Ro man Catholic Church. There was a re quiem mass, with Rev. Father Ducey as officiating priest. Many friends of the dead nobleman attended. The Spanish diplomatic service was represented by several members of the staff of the lega tion end a group of Consuls. The body will cross the Atlantic on the Lucanla, •alllnff to-morrow, _,; \u25a0\u25a0 , . Funeral of the Duke of Alva. Health and Is Able to Hold Audiences. ROME. Oct. 18.— Recent reports in re gard to the Pope's alleged ill health are flatly contradicted here. ' He is In per fect health and hold3 daily audiences. Ha received a number of Cardinals and pre lates to-day. Sovereign Pontiff Enjoys Perfect STORY OF POPE LEO'S ILLNESS CONTRADICTED "To Charles Hocksey, who was a saloon keeper and a miner. The second time I told it to Albert Fincke and Ira D. Orton In the presence of Charles C. Yager. The third time was in San Francisco in Oc tober. Fincke is a lawyer in Nome, Yager is one of his clients and Orton Is in Mr; Metson's office. Mr. Orton, Fincke and myself were discussing the orders made by Judge Noyes in various cases. I told them my relations in regard to the receiv erships and my position in the whole mat ter." Then began a series of questions on Mc- Laughlln's part which went to the mak ing of the three affidavits by Hume. A "To whom?" Creek claims. Some discrepancies exist between this affidavit and Hume's direct testimony. The witness denied having made the affidavit, or .at least having signed his name to it and being cognizant of the facts contained in it. The third affidavit, that of June 18, is voluminous and full of such facts as were brought out in the testimony, with an occasional discrep ancy. This, Pillsbury, according to ths suppositions of respondent's attorneys, is supposed to have received from Nome. "Were there any other conversations with Judge Noyes in regard to the writ of supersedeas?" began Judge McLaugh lin at the opening of the morning session. ' "I haven't any recollection of other meetings," said Hume. WASHINGTON END OF CASE. "When did you first tell this story that you related here?" "I think that it was in the spring of 1901; no, in the summer of 1900, in Au gust." .Finally, rafter; a'.lengthy . discussion by the attorneys over" the' rights of the wit- "Under Mr. . Pillsbury's advice and my own knowledge of the rights of a witness I refuse to anpwer _ unless the paper is shown ; me," was the reply which caused the argument.; ...... .-.. ' -.\u25a0•,'"' "Did you make another affidavit before Mr. Bruner. about 'the 15th day of July?" "Did you at that time make an affi davit containing the facts for use at Washington?" "No, sir." "Did you make one at that time for nny purpose?" "Some time after the conversation with Fincke and Orton, Fincke asked me. if I would make an affidavit for Mr. Pillsbury. I had no. objections and' made one." "Have you seen a copy of that since?" "Yes, In Mr.' Metson's office, i This af fidavit was made In 'June, -1901:" ' "Did you make any other affidavit In relation to this matter?" "No, sir." . ; "I arrived in San Francisco about Sep tember 30 of this year and was advised to call upon Mr. Pillsbury and was Inter viewed by him.". . r '\u25a0-. discussion arose between Attorneys Mc- Laughlin and Pillsbury whether or not the witness should acknowledge the mak ing of these affidavits without the pro duction of the instruments. After much argument Pillsbury finally won .out, the papers were produced. and identified by the witness, all but the October affidavit, which Hume would not admit to be genu ine. Then McLaughlin went at the witness for facts concerning his relations with Pillsbury. To the first question Hume re plied: When shown the affidavit of July 15 the witness, declared that that was: not his affidavit. After reading It he said he did not swear to any such statement of facts. "I have no recollection of this affidavit, was not at the courthouse on that day and did not sign that affidavit before John P. Reed. I heard that something of this sort washout, and I have-taken pains to make sure of .where I was on .that day. I will not swear that this is not my sig nature, but I have no recollection of how it came there. I never swore to the fact3 on page three, knowing the statements to be as they are. I might sign a paper not knowing the contents,' relying upon the honesty of the person presentlng.lt." McLaughlin then offered the affidavit in evidence and it was introduced and la beled, ."Exhibit 1, respondent Noyes." TIm morning session ended with the reading cf the affidavits in the record. "When McKenzie "arrived did he "' have Hubbard's lnte. :st- in the firm?" began Judge McLaughlin when the- afternoon session began. "Was. It delievered with out affecting your Interest?" \u25a0 "Yes.sir." \u25a0 'V :/- \u25a0 . •' "At the time you commenced the ac tions had. McKenzie acquired your inter est? From time to time did he not con sult you in relation to] the actions pend ing, and you know' on. your knowledge as a lawyer," all.;, communications between client and lawyer are confidential ?" . "He did not consult me. as a client. My clients were the plaintiffs in the case." ness. Judge McLaughlin handed Hume the affidavit, and he testified that It was his own handwriting and that he had signed the paper. CONTENTS WERE UNKNOWN.; Respondent's Counsel Attempts to Break Down the Credibility of the Witness by a Long Gross= Examination. Authorities at "Washington Inclined to Believe That Miss Stone Has Been Killed. CALL BUREAU, 1406 G STREET. IC. W. t WASHINGTON, Oct. 18.— Though Mr. Eddy, secretary of the American Legation in Constantinople, is Indirectly in communication with the brigands sup posed to hold Miss Stone captive, no word concerning the condition of the woman has been received by the State Department for some days. This lack of information leads many of the Washing ton authorities to believe that she is dead. The State Department officials, however, still cling to the hope that she is yet alive. They believe that informa tion of her death would be promptly communicated to them. Convinced that the Turkish and Bulgarian troops will not attack as the result of representations of the United States, the brigands are prob ably awaiting the production of the entire amount of ransom originally demanded. The State Department continues to urge the Boston Board of Missions to endeavor to collect the sum required. LONDON. Oct. 18.— The Globe this after, noon says it fears that the safety of Miss Ellen M. Stone Is seriously compromised by the attitude of Consul General Dick inson in refusing to pay the ransom and in demanding that Bulgaria arrest the loaders of the Macedonian Committee as the real authors of the missionary's ab duction. The paper says the situation con tains all the factors of a grave interna tional complication and threatens to as sume Importance far beyond the person ality of any individual missionary. FEAR FOB THE SAFETY OF KIDNAPED MISSIONARY ATTORNEY FRANCIS J. HENEY READING THE AFFIDAVITS BY "WHICH THE RESPONDENT'S ATTORNEYS HOPE TO CALL INTO QUESTION THE CREDIBILITY OF THE TESTIMONY; GIVEN BY W.- T. HUME AGAINST JUDGE NOYES BEFORE UNITED STATES COMMISSIONER HEACOCK. . . -.\u25a0..-. - The affidavit of October 20 was appar ently a surprise to Hume when presented. It contains an account of Hume's efforts to find the clerk of the court, with whom he wished to file the complaints and orders for the receiverships of the Anvil The affidavits were the central point of the day's proceedings. There are three of them — one executed on the 20th day of October, 1900, the second on June 18, 1901, and the third on July 15, 1901. The July affidavit is in the handwriting: and bears the signature of Hume. It follows: That reserving from the effect of this affi davit any statement made to me by Alexander McKenzie, I will state that I do not know of my own knowledge, nor have I been in formed, nor do I believe, that Arthur H. Noyes has as presiding Judge of the District Court for District of Alaska, Second Division, received any money or pecuniary considera tions, nor demanded the same to influence any decision. Judgment or decree rendered or to be rendered by him as such Judge. .< Francis J. Heney fell Into the attorneys' battle over these same affidavits. He act ed as reader, and after using his voice for a good half-hour expressed a soulful desire to shirk the reading of the rest of the document. The amicus curiae was not of the same mind, so the reading went on. Heney accused Pillsbury of an at tempt to try the cases in the newspapers and wanted the affidavits ; read for the benefit of the reporters. Pillsbury was re lentless, so court, court reporter, attor neys and all had to listen. SOME HUME AFFIDAVITS. So far the attorneys have been courte ous almost to an extreme, but yesterday afternoon a bit of testiness was displayed which is likely to lead to an occasional fling of sarcasm. This testimony taking before a Commissioner offers but little opportunity for the interposition of ob jections by attorneys. Once during the morning session, when an affidavit and the identity of a signa ture was called into question, Pillsbury expressed a desire to go downstairs and have It out before the Judges of the Cir cuit Court of Appeals. McLaughlin did not press matters and the crossfire went on. noon he was the target for questions on cross and redirect examina tion before Commissioner Heacock, and as yet his sensational, startling evidence given against Noyes, McKenzie and "Wood remains practically unshaken. tiume was taken in hand at the begin ning of the morning session by Judge Mc- Laughlin. He' displayed the same cool, self-possessed, and cautious spirit which characterized his manner on the stand during the proceedings of the first day. On the face of it his testimony has a damaging look to Noyes, but the latter's attorneys smile and cry "Hearsay, hear say." That will be their plea, and they are working toward that end at present In this cross-examination. An attack against Hume's credibility was made yes terday by the Introduction of three affi davits, all of which were read into the records and labeled as exhibits in the case. Hume did some clever unimpeached explaining of these affidavits, and when the afternoon session closed the - amicus curiae, E. S. Pillsbury, had him well in hand reciting instances of Judge Noyes' peculiar methods of distributing justice. The evidence of yesterday brought forth no startling new facts, except in the re direct examination, when Hume began to recite the instances which led him to a belief in Judge Noyes' corruptibility. WT. HUME, star witness in the Nome contempt cases, had another day of it in _ the witness ~ chair yester ™ day. Morning and after- PROTECTED HIS CLIENTS. The rest of the afternoon was consumed by an attempt on Pillsbury's part to show by a redirect examination that .Hume's reasons for his withdrawal from the Noyes-McKenzle combination were found ed on the broad principles of honesty. "At the time I acquiesced to McKen zle's propositions," said Hume, "it was only a resort to protect my clients. At that time I did not anticipate the full scope of the scheme. In course of three weeks, when I discovered the full facts and meaning, I then tried to retire and practically' did retire from any connection with • McKenzie, "Wood and that entire combination. Hume also wished to correct the state ment that the affidavit of October 20 was not founded on fact in its entirety. He admitted that some of the statements were true, but he said that on the date of the execution he wasOirrying the burden of the law office, and it was just possible he signed -without reading the paper clearly. Pillsbury then took the witness and "Did you know of a letter written and signed by Fincke or by Johnson or by Jackson, addressed to Pillsbury, detailing service you had been to them in getting the facts and asking Pillsbury to use his offices to protect you in the district of the northern part of the country?" "I never knew cf it, never sought pro tection of any kind because I committed no offense^ If it was written I can con ceive of a reason for it, for I knew of a change in the atmosphere at home which changed the opinion of these men in re gard«to my conduct In Nome in the sum mer of 1900." McLaughlin then asked Pillsbury for the letter, If he had it in his possession. The latter said that he did not recollect it, but If he had he would certainly produce it. McLaughlin wanted to make doubly sure, so he asked Pillsbury In the event of his having sent \ the, letter in question to Washington would ho look over his letter copies and favor him with a reproduction. Pillsbury was . trebly sure that he sent nothing to Washington. "I recall this : much," said Pillsbury. "Private papers were sent to me, but they were'lost from the mail or maybe stolen." McLaughlin. pressed the Washington business further, but Pnlsbury flatly de nied any connection with the Washington end of things. "Personally, I have nothing against Judge Noyes, but on account of my knowledge of what I have suffered at the hands of Noyes, Woods and McKenzIe in making the one mistake of my life, I have interested myself in this case. Judge Noyes has done much to provoke my offi cial interest In the matter. I did not be lieve him honest." McLaughlin did not like this, so he moved to have the 'matter obliterated from the record as not responsive to his questions. "Did Mr. Fir.cke, Mr. Johnson or Ken neth M. Jackscn ever say they -would see that you would be immuned from prose cution for the making of the affidavit for Mr. Pillsbury?" "No, sir." "No, sir,", was Hume's ready reply. "Have you suggested names of parties who would or who would not make affi davits in this case?" Hume, said he had not. and then continued: . HTTlffE AND P3XLSBTJRY. , "Have you been promised immunity from prosecution of contempt if you tes tified as you have?" said Judge McLaugh lin,; on ;. another tack. ..^ ;•.•------.,\u25a0 . ". t Three Affidavits Are Put in Evidence. Testimony Taken Along Usual Lines. OGDEN, Utah, Oct. 18.— Rear Admiral Evans passed through Ogden at noon to day and will arrive In San Francisco Sun day night. He refused to be interviewed, stating that he had not talked with news paper men since leaving Washington. He, however, stated that with Admiral Dewey on the board of inquiry Schley would be sure of a fair hearing and a clearing of his record. Evans is on his way to Samoa, where he will preside at the court-martial of Captain Tilley. , Will Leave Immediately to Attend the Court-Martial of Cap tain Tilley. BEAR ALMIEAL EVANS TO ARRIVE HERE SUNDAY The fact that the Navy Department has deemed it necessary to send officers of high rank to Tutuila for the purpose of Inquiring Into the alleged mismanage ment of affairs by Tilley is an Indication that the department knows enough facts to warrant this very unusual and expen sive undertaking. The administration is humiliated by the thought that the effort to Americanize its colony in the Samoan Islands has been thwarted by the misbe havior of one who was supposed to stand for what is best In American citizenship. It seems that Commander Tilley was at Tutuila only two and a half months out of a year during the time that he was supposed to be Its Governor ani his presence was, through his habits, a distinct misfortune. According to the charges, he not only did not do his duty by the natives but made It impossible for others to fulfill these duties and meet the wishes and expectations of the American Government. Aside from the moral fail ure at Tutuila it is charged against Tilley that from $20,000 to $30,000 worth of land was bought by him for the Government without authority and paid for In notes which have .since gone to protest. As a result of this mismanagement natives and traders have been ruined and dissat isfaction has ensued. The Secretary for Native Affairs whom Tilley appointed is an Englishman— one Gurr. To say that the commander's fail ure to appoint an American to the posi tion created surprise among the Ameri can colony is expressing it but mildly. Government Is Humiliated. Absent From Post of Duty. CALL. BUREAU, 1406 G STREET, N. W., WASHINGTON, Oct. IS.— The news that Commander B. F. Tilley, U. S. N., Governor of Tutuila, Samoan Islands, and commanding the collier Abarenda, had been detached through charges preferred by missionaries was a sensational sur prise to the friends and associates of that officer. His previous record was so clear, so strong and so thoroughly satisfactory that it seemed impossible he should have at this late stage imperiled his reputa tion and even his position by almost in explicable conduct. He graduated at the head of his class at the Naval Academy and within a few days has been commis sioned a captain. It has leaked out that the charges against him include misbe havior with native women, intoxication at his station at Apia, at Auckland and on hla ship, and a reckless disregard of his duties as an officer and gentleman. The charges are doubly mortifying frdaa the fact that the German officials at Apia have achieved a distinct success In the management of that colony. By care, skill and tact the Germans have pushed i Apia ahead on social, educational and business lines. In sad contrast Tutuila, except for the good work of subordinates, has gained little from American occupa tion. Special Dispatch to The Call. An official pointed out that the new treaty -would not provide for the adhe sion of all governments to Its terms, and the Incorporation therein of 'the Suez ca nal regulations would have the same ef fect and cause them to be Interested In maintaining the neutrality of the water way. The treaty has not yet been finally for mulated, nor has It been accepted by the British Cabinet Leading members of the Cabinet have cordially apprived its terms and will vote on their acceptance before November 1. Lord Pauncefote will then come to Washington, where the treaty will be finally drawn and signed. Approved by the Cabinet. Belligerent vessels are prohibited from re victualing in the canal; taey shall not disembark troops, munitions of \u25a0war or warlike material, and shall not remain in water adjacent to the canal within three miles of either end longer than twenty four hours, and finally, the appliances of the canal shall In time of war enjoy com plete immunity from attack or injury by belligerents. These rules provide that the canal shall be free and open in time of war, as in lima, of peace, to vessels of commerce and war of all nations, on terms of equal ity, so that there shall be no discrimina tion against any nation or Its citizens or subjects In respect of conditions or charges of traffic or otherwise; that the canal shall never be blockaded, nor any right of war or act of hostility be committed within it. To Be Open, at All Times. CAX.L BUREAU. 1406 G STREET,, N. W.. WASHINGTON, Oct. 18.-Reports of the new canal treaty between the United States and Great Britain state that the United States is given the right to for tify the canal. This is not true. In the new treaty Great Britain will agree to an American guaranty of neutrality of the canal, subject to the rules, and regula tions similar to those signed by her and other powers far the free navigation of the Suez canaL The treaty will make no mention of for tifications. The absence of any prohibi tion would seem to establish the right of this Government to erect fortifications if It sees fit to do so, but the administration has no idea that this \u25a0will ever be done, and it is a question whether such action would not be In contravention of the rules framed on Suez lines. Eredal Dispatch to The Call. All Powers Will Be Interested in Up holding the Convention Just ' Completed and Approved by Cabinet Members. Naval Court Will Also Look Into Ac cusations of Unauthorized Land Pr */ chase and Absence From His Station. Waterway Will Be Governed by Rules Framed on Suez Lines. Include Misbehavior With Hative Women and Gros3 Intoxication. Treaty Does Not Give the United States Bight to Fortify. Charges Against Gover nor of Tutuila Island ' Are Serious. TILLEY MUST ANSWER FOR BAD CONDUCT NEUTRALITY OF THE CANAL IS PRESERVED PRICE FIVE CENTS. SAN FRANCISCO, SATURDAY, OCTOBER 19, 1901. VOLUME XC-NO. 141. ATTORNEY HUME UNDER A CROSS FIRE ADHERES TO HIS DAMAGING STORY AGAINST NOME RING The San Francisco Call.