Newspaper Page Text
Continued From Page One. SHOOTING OF COLORED MEK, SALT LAKE, Utah, Oct.' 29.— Louis Eu genie \u25a0 Gardin „ de | Classe,' formerly a Countess of France, was to-day, granted citizenship papers by , Judge Stewart. Mme. de Classe is related to the royal Bourbon family of France. ; Royal Relative a Citizen. SALINAS, Oct. 29.— The trial of an im portant land suit was begun this morning before Judge Dorn in the Superior Court The Commercial and Savings Bank pf San Jose seeks to recover 517,000 and costs, the whole amounting to $22,000, from the es tate of the late William B. True of San Francisco. The bank claims the amount on a note secured by a mortgage on 84s.65 acres of land near Salinas, known as tho Los Vergeles Rancho. The I mortgage was given by True, it is alleged, when he purchased the ranch from Mitchell Phil lips. True, In his answer and cross complaint, had alleged that Phillips and F. W. Moore conspired to defraud him by in ducing him to pay more for the land than it was worth. The administrator of his estate avers that "on April 11 True, Phil lips and Moore were playing cards at the ranch house; that True was constantly plied with liquor by said other parties and that while he was under the influence of liquor Phillips proposed to sell the property to him for $25,000, although an offer had been made of $45,000 for the same land. Phillips, , when told that True had money, said he would take $8000 cash, so as to pay a mortgage thereon, and a mortgage fpr $17,000. .- True, in his weakened condition, went with Moore and Phillips to a lawyer's office, where, "he alleges, he found a deed/mortgage and note already made out. He signed ths same without investigation. He claims that he owes nothing, as the real value of the property is only $25,000." The plaintiffs deny all the allegations in True 1 s answer and claim that True knew what he was about when I he pur chased the ranch. , LAWSUIT SEQUEL TO A CARD GAME Adula Not Suspicious. "Did you give any. special Instructions to My impression is' that we formed ~ column between 5 and 6 p. ! m. and stood \u25a0 off on ; a course south by east and then stopped, leaving the Castlne in front of the harbor. By 7. or f. o'clock we got under,way, laying our course southwest by south." . ' . - ' J When his attention was called to the fact that he had in a report said . that the de parture was timed at 5:15 he ' said that not having the data before him;;-. when he made that statement he had taken the information from Captain McCalla's . report. : -' . \u25a0':\u25a0 "That statement." >he said, • "referred to the time of the formation of column, aa I regarded that as a preliminary step ! to getting off.'.' j "Were there any signals?" "There were." . . . . \u25a0 „ . \u25a0 • ,*" >\u25a0- "Was it dark when you got under .way?" "I do not; remember entirely, but It must be borne In mind that darkness comes early In that vicinity. It was, however,, dark enough to read the Ardols signals. ! I cannot say Just what the hour was, but the signals were used up to 9:25 p. m." "You. were ordered to mask your movement*. were you not?" • . . . ' % "Yes; that is, we . were so ordered, If we should' proceed in the daytime. Our direc tions in dispatch No. 8 were to bear In mind that vessels could be - traced by their smoke for thirty or- forty miles. I believe that " we were bo far 'away at that time that the peo ple on shore would not know what we were doing other than signaling, even if they did see." - : • "The Ardols code is not a secret code. Is It?" "Ordinarily It Is practically so. It Is a code of letters. I don't believe; they could be translated by foreign people." "Did you use a key in employing them on this occasion?"' "I don't recall." • "You remember that you were near enough to the village of Trinidad to see lights on shore there that night, do you not?" - "I only saw the loom of the lights in the clouds there. ! The . lights themselves | might have been seen from the bridge of the ship, but I did not see them." i, "When you left Cienfuegos where did you think the Spanish squadron was?" asked Cap tain- Lemly. "I did not, of course, know exactly where it was. If I. had I would have gone straight for It, According, to. the. information. which came td' me, I supposed that If it was not at San tiago ft was somewhere : in the neighborhood, but my impression was that it had , come out, as this information . from the admiral- had In dicated, but Just where it was, of course, I could not -decide." What time did you sail for Santiago?" template sending: one or - two of your ; larger vessels back to Key West for coal ?" J < \u25a0• . , ; "I think I contemplated sending some ot the ships back. If we should d# unable to . coal within a week." • ". \u25a0 • \u25a0 \u25a0\u25a0• "At what time did you learn definitely that the Spanish fleet was' riot 'In Clenfueeos?" '"Upon Captain McCalla's return about; 4 p m May 24 " Simmons, \u25a0' and \u25a0 a message was sent to the negroes. - •"Do you want anymore?" was the query. "No," came the reply. This had a quieting effect, and peace again reigned. . negroes left the country. 1 They car-' ried all the personal effects possible. Those who could rode on horseback and in buggies and those who could not ride took to the woods afoot. .Those who were a kittle- bolder -lined- the -roads,- getting out of the community. The negroes are cowed and the whites believe there will be no further trouble. CHARLOTTE, N. C, Oct. 29.— One hun dred, and ten of the ring, horses of Buf falo Bill's Wild West show were crushed to death in a railroad wreck near Lexing ton at 3 o'clock this morning. Among the horses killed was "Old Pap," Colonel Cody's favorite saddle horse. "Old Eagle," the star ring horse, was killed and his mangled body, fell on top of one of the wrecked engines. The 'mules that drew the Deadwood coach also " were killed. Only two or three horses escaped death. The accident was the result of a head end collision between a fast southbound freight train and the second section of the show train, , and was due to a misunder standing of orders. Several train ; hands were Injured, but no man was killed... • Colonel Cody spent to-day at the scena of the wreck- and is heartbroken over the slaughter. He says his loss is $60,000. .- The train was en route to Danville, where the show was to have disbanded and the ani mals were to be sent to Bridgeport, Conn., to go into winter quarters. : • \u25a0 - NEW ORLEANS, Oct. 29.— Tho Fore paugh & Sells circus was in a collision to day near Baton Rouge.. Four cars loaded with animal cages were badly wrecked, but none of the animals escaped. A. car load of j elephants were turned looso through the wreck, ' but after \u25a0 they had wandered. about the country a short time they ' were driven into Baton Rouge and corraled. Three men were badly hurt. The wreck was caused by the front . sec tion of the circus train running into the rear end of a freight train. • FAMED HORSES SUFFER DEATH "Would not the fact that from thirty-six to forty-eight hours was necessary in covering this distance have brought the Spaniards to Cienfuegos after your arrival there?" "I did not wish to be understood that that time would have been necessary for the Span lards to make the voyage. I meant simply to give the time consumed by the flying squad ron in making: the voyage." "That would be a guess; perhaps a mile." Going back to the Adula' s appearance at Cienf uepos. Captain Lemly asked about' th« war bulletin brought by that vessel and -atked If It had not stated that the Spanish fleet lad left there May 20. This the witness admliled was true as he also did that he had sail the distance from Clenfuegos to Santiago was fram thirty-six to forty-eight hours. Then Captain 1/emly asked: Tne admiral explained that that entry did not necessarily mean that the Scorpion was absolutely In touch with the fleet As he re called it. all the ships were drifting. "Did you regard her under these circum stances as a picket boat?" "I did. Ehe was drifting Inshore." "How far insider* The Judge advocate then passed to Clen fuegos. examining Schley upon his statement that upon the arrival of the squadron there the Scorpion was sent In as a picket boat and asked htm to reconcile that statement with the en try in the log of the Scorpion to the effect that from midnight to 4 a. m., "drifted in com pany with the fleet for the remainder of the watch." Before resuming the cross-examination of Admiral Schley Judge Advocate Lemly an nounced that with tne assent of counsel for the other Bide the fiU-nal books of the New- York for .May IS and Vt and July 2 and July 3 ana the Brooklyn's for May 18 to June 2, in clusive, and July 2 and 3, would be Included In the record. He explained that May 18 and U were the day before and the day on which the New York left Key West. The nr«t ques tion the judge advocate asked was in connec tion with Admiral Schley' s examination in chief regarding the meeting with the Eagle Miter the flying squadron leu Key West. "You said you had a distinct recollection that the l^acie passed within . nail In the Yucatan Channel and that Ehe reported no news." "Not in the Yucatan Channel. We passed the Eagle soon after leaving Key West." "She passed within haiir* 1 "That la my recollection." "And reported no newsT" "Yes." "As you sent the Scorpion to communicate with her do you not think you were in error?" "Ao. I do not think I am mistaken." "Did the Ragle report anything else?" "No; only that she had no news." WASHINGTON. Oct. 29.— Judge Advocate Lemly resumed the cross-examination of Rear Admiral Schley after the court convened at 11 o'clock to-day. 'When the court adjourned yesterday he was" still questioning the wit ness with reference to the cruise from Clen- Juegros to Santiago and he resumed to-day where he had left off yesterday, asking a num ber of questions relatlns to the condition of the weather on May 23 and 26, the dates of the voyaee. ,He also reverted to the detach ing of the Eagle from the flying- squadron and brourht the witness to the consideration of several other minor details of that '.movement before coming to the meeting with the scout boats, twenty-five miles south of Santiago on the evening of May 2». when the retrograde movement toward Key West in search of coal was be^un. Judge Advocate Resumes Cross-Ex amination of the Admiral. TESTIMONY OP SCBXEY. In the course of the cross-examination the admiral said he regarded the depart ment's dispatch rather as a suggestion than as an explicit order, & suggestion which he carried out after the sea had abated and the coal supply of the ships had been replenished. Throughout the strain to which the wit ness naturally was subjected while under examination the admiral retained his cus tomary composure. Only once or twice did he display impatience or weariness. At one point when asked a question he re plied that he had been asked the same question yesterday, at the same time tell ing what his reply, had been then. On another occasion, when he was being searchtngly interrogated as to his dis tances from Bhore at Cienf eugos and as to whether the distances were a matter of record, he responded rather tartly: "Oh. no. I did not know these ever would become a matter of such great Im portance or«I should have platted them and made a memorandum as I would of many other things." / The mam points to which the cross-ex amination was directed to-day were the ability of the ships to coal off Cienfuegos' and the reasons for what is known as the "retrograde movement.^' The latter point was dwelt upon with much emphasis and detail and had not been disposed of fully when the court adjourned. The admit al gave three reasons for turning back: First, the statement of Captain Sigsbee, who cemmanded the scout ship St. Paul, that the enemy was not in Santiago; sec ond, the opinion of Nunez, the pilot, that the entrance was too narrow and shallow for the Spanish fleet to enter, and third, the ambiguity of the department's tele cram. The judge^ advocate, in conducting 1 the cross-examination, used a carefully pre pared typewritten list of questions. They called lor a comparison of statements Ad miral Schley has made either in his direct testimony. In his communication to the Senate or in his dispatches to Admiral Sampson or the Navy Department, with the testimony of witnesses who have pre ceded him and the logs and signal books of the other vessels ot the fleet. Tne ques tions were not asked in chronological or der, but jumped from one subject to an other and from one stage of the campaign to another. The progress made was ex ceedingly slow. Practically the whole day Was consumed in questioning the admiral about the cruise from Clenfuegos to San tiago end the motives and influences that governed him in turning: -back -after his squadron . had arrived ,in the vicinity of the latter port. This latter branch of the cross-examination had not been concluded when tbe court adjourned. - The blockade at Santiago, the recon noissance on May 31 and the "battle of July 2 still remain to 1 be- covered. It is hardly probable that the judge advocate can con clude before adjournment . to-morrow. After he finishes quite a number of ques tions prepared by the members of . the court will be submitted. __ _. WASHINGTON. Oct. 29.— The Vi \\ V cross-examination of Admiral \J\J "Schley was continued through V V the court of inquiry to-day. "Did you on May 24, before McCalla report ed that the fleet was not In Clenfuegos. con- "The log -of the Brooklyn shows that on May 24 the sea was smooth. Why then on that day did you In your report to Admiral Sampson express apprehension of difficulty In coaling off Santiago?"' \ ."As I have stated before a sea that would be smooth for. the Brooklyn would be rough for smaller vessels." The admiral was then proceeding to read. the signals from the Iowa, > Massachusetts and Texas to the. flagship relative to coal when Captain Lemly Interrupted to say that the ad miral had already testified to those signals in his testimony In chief, whereupon Captain Parker protested that It was unfair, to the witness to ask for signals and then stop him as soon as he had begun to comply. Captain Lemly. disclaimed any desire to be unfair. What he wanted was signals Indicating solicitude for coal. Thereupon Admiral Schley proceeded with the reading of the signals. After he had read about twenty he looked . ux>. "Do you want any more?" he Inquired. "Not unless Captain Parker does," replied Captain Lemly. .„\u25a0:-. . . "I am satisfied. If the admiral is," observed Captain Parker. '\u25a0 . . "Which of these signals Indicates solicitude T" Captain Lemly asked. , . "I should say all or most of them," replied the witness. Captain- 1 Lemly at this point went back to the stater of the sea. In response Admiral Schley said that when the Iowa arrived at Clenfuegos she only had about half her coal supply aboard and almost her first request was for coal from the collier. "Did Ehe get coal?" - . - "Yes. She took on abput 200 tons.". ... Questions as to Coal. Captain Lemly asked the admiral to point out the signals of the Massachusetts and Texas showing solicitude about coal and also to In clude \u25a0 the Iowa. "I -think all the vessels were more or less ehort of their complement, and considering the fact that they ought' to be fit for any service and , for every service that In -arriving off the port we should be more than half or three-quarters full." "How about the Brooklyn? Ehe had plenty of coal, did she not?" "I don't think there was ever any question about the Brooklyn." "How about the Massachusetts?" "The Massachusetts and the Texas were con stantly solicitous about coal." "Did you In the same dispatch , Inform Ad miral Sampson that one of the battleships had been coaled on that day?" "1 reported that fact to him on May SO." Referring to the blockade of Santiago. Captain Lemly asked the witness why he had sent a dispatch to Admiral Sampson that "on account of short coal supply, cannot blockade them (the Spaniards) in. Santiago ?"- "I meant that if we could not have coaled off Santiago, we could not have stayed there." "Did you state that condition T' "No; I did not state that condition. That was the impression In my mind." "What did you mean by the report. 'I shall not be able to remain off that port (Santiago) on account of short coal supply?' " "I was aware of that regulation, yes; but my papers after being boxed up were inadvert ently sent after me to Porto Rico after ' the close of the campaign. I did not return to the Cnited States until. November.. I then deliv ered them as required." 1 Captain Lemly then questioned the witness regarding the wind off Clenluegos while the flying squadron was there. Admiral Schley had stated in his testimony In chief that the wind then was fresh. Captain Lemly called the at tention of the witness to the log of the Brook lyn for May 23 and 24. The log showed the Etate of the wind at different periods on those dates, varying from one to four. "WhJ 1 did you. on the day the Iowa coaled from the Merrimac, May 23, inform* Admiral Sampson that coaling off Clenfuegos was very uncertain?" . . , ,-',\u25a0> -•-:,* "Simply on account of the weather." "You coaled one of the battleships?" In response to other questions Admiral Schley said there were three or four boats stretched across the harbor at Cienfuegos. - Captain Lemly called the attention of \u25a0 the witness to the fact that In his former, testimony he had said that Lieutenant Wood had reported him as speaking disrespectfully of Admiral Sampson, calling him captain. The admiral re plied that he might; have got Wood confused with Hood and upon referring to the c»Sfrt rec ord he said it was true that Wood had not so testified. The admiral was \u25a0 again questioned concerning the return of his papers to the Navy Department. •• \u25a0 \u25a0 • '•All my papers," he replied, "were packed In a box and so far as I know not a single one was left, except some blueprints, and the second copy of the 'Dear Schley* letter, which was put in an envelope and retained." "You were aware of the department's regula tion requirine- that all papers should be re turned upon surrendering a flagship?" "There were none. I do not consider that the regulations or customs required written in structions." "Is It not the unwritten law at sea that the vessels In squadron shall follow the flag?". "Yes, except under, certain circumstances." "What • circumstances ?" "Well, a vessel might see one of the enemy's ships drop out and follow to attack her. That might be one of the circumstances."- "Yes," replied the witness; "but as the en tries do not show the speed it is impossible to tell the distance. We usually steamed as slowly as possible, simply kept tsteerage.-way." "Had Cervera's fleet appeared • during the nights you were at Clenfuegos. either coming out or coming in from seaward, what, under your instructions, would your fleet' have done?" "Knocked them out." (A stir In court.) "What were your Instructions?" I ' "To follow the flag — Instructions given at Hampton Roads." " "What were your written instructions?" Admiral Schley said he kept a close watch at day and at night, while awake, while off Cienfuegos. He said he had seen no auxiliary cruiser or gunboat near the entrance to the harbor, as testified to by Lieutenant Griffin. The witness had an Indistinct recollection of having seen the mast or perhaps the top of a pipe over the hills.- He saw nothing larger coming near the mouth of the harbor than an ordinary steam launch. '•\u25a0•;'» '\u25a0/: In response to a request from Captain Lemly the witness read extracts from the Brooklyn's log,, with a view of showing that the admiral's memory had been at fault when he had stated that the fleet was closer in at night than dur ing the day time. The admiral had also testi fied that the set of the current was toward the ehore. The log showed that at various times the squadron had steamed in as well as out. Captain Lemly called his attention to the log on the following day. May 24, and asked him whether these entries In the log should not show that the ships steamed both in and out. Schley Was on Watch. The admiral, In answer to another question by Captain Lemly.- said he had platted the distance on a chart for his own information. He did n °t know this would ever become a matter of such importance, otherwise he should have kept the memorandum as he would have kept a great many other things. "In the daytime I took a bow and beam bear ing. This, together- with the surf and the land, seemed to confirm that that distance was correct." Reverting to the blockade of Cienfuegos, Cap tain Lemly asked the witness how he estimated the distance of the blockading fleet to be be tween three and four miles from shore. Instructions Sent From Washington to the Com mander of the Flying Squadron Are Declared by Him to Have Been of a Very Ambiguous Character ORDER FROM THE DEPARTMENT NOT CLEAR IN THE WORDING REAR ADMIRAL SCHLEY TELLS MEMBERS OF THE NAVAL COURT OF INQUIRY REASONS WHICH IMPELLED HIM TO MAKE THE FAMOUS RETROGRADE MOVEMENT assertion made by a pilot ' One cause for departure Assurances Given by Nunez and Also by Captain : J h Sigsbee of the Scout Ship St. Paul That Span ish Fleet. Had Not Passed Into Santiago Harbor keep me informed. Those ' scouts represented very largely, the cavalry of an army, and If they were unreliable they should not have- been placed there. I must have relied upon what they said." ' Schley again spoke of the dispatch of the de partment indicating that the Spanish fleet was still at Santiago as ambiguous and said that the information that there were Cubans five or six miles west of Santiago- was erroneous, for the Cuban pilot, Nunez, had informed him to the contrary. He claimed that the dispatch also was ambiguous In the matter of coaling the Harvard from the Merrimac. "Why do you revert to No. 7 when you had dispatch No. 8 in your possession?" . • ' "I merely reverted ' to No. 7 as one of tha doubtful questions." ; '\u25a0-\u25a0-. "If you will look at the memorandum of No. 8 you will also find that Admiral Sampson held to the view that when you left Clenfuegos the Spanish squadron probably . would leave: Santiago." . "Of course, lf,I had gone to the eastward and exposed the westward there might have been more serious consequences." "Now do you note in this communication which you have, been referring to these -words. The department looks to you to ascertain facts and that the enemy, . if therein, does - not leave! without a decisive action.' Did you take any steps further than you have stated to ascertain the facts?" V. "No. I thought that the Information -which I had was pretty conclusive. • I did not see anything in this dispatch, however, that par takes of an order; It is rather a suggestion. There Is a vast difference between communica tions .that come to you in the nature of sug gestions and. those that come to you in the nature of orders. I think the department never hesitates to 'order distinctly when it is decided about matters. All this points to the fact that there was no certain Information In the possession of anybody . that the enemy was really there and that which they had was not to be relied upon, or that it was untrust worthy." "In regard to this landing place five - or six miles west of the harbor you say. you ascer tained subsequently that the Spanish were there and not Cubans?" "So Nunez stated on the 1st. and upon that I predicated the remark that if .we had land ed in that position probably we would - have been gobbled ui>." "You did not try to land there?" "No. thank God. I did not." "You did . not follow up that cue and find out at \u25a0. that time whether insurgents J were there, did you?" • * "Perhaps It is luclty I did not." "Don't you think perhaps it might have been lucky if you had?" . \u25a0 "No. I do not think so." ' ' "You did not know really who was present there at that time?" "Personally I did not know, only In the light of what I subsequently heard." "Did you not in fact finally accept the dis patch of the department as an order to re main off Santiago and so Indicate In telegrams and signals without yourself acquiring- any further Information as to the whereabouts of the Spanish fleet?"- i •\u25a0 Raynor— The word "remain" is not in that dispatch. It is in the Secretary's letter. I think the Secretary has Inadvertently fallen Into an error about that. -\u25a0 :• Captain Lemly— "What is the point of the question?- Raynor— My point is that you. use the word "remain" in referring to the dispatch and the Secretary of the Navy used the same - word, when the word- "remain" Is not In the dis patch. - - . •.. Captain Lemly— I had no point to mak» on that \u25a0 I simply read that word "remain" .'in trying to paraphrase the question. J-. 5" -. Rajtnoiv-It-lsinct a. correct paraphrase. -•• .\u25a0• > " Captain Lemly— The wbra. "remain" Is not in that (reading) : "The department looks to jnu to aseertain tae^, 11 ; tha enemy is in there do not" leave without declslva action. Raynor — The enemy did not leave without a decisive action and he did ascertain the faots. but the trouble Is the Secretary of the Navy has used the word "remain." You see it im plies there was a dispatch to him. to remain at Santiago. Captain Lemly— Then I will change my ques tion and ask if you did not accept it as re questing you to return and if. as a matter of fact, you did not remain off Santiago after that? Admiral Schley— No, . I think that my reason for remaining- ... . Captain Lemly— Remaining or returning? Admiral Schley— I mean remaining in .that neighborhood. Hanna — The Impropriety of your referring to a letter of the Secretary of i the Navy j is ob vious. .. .,• Raynor— It Is in evidence. Hanna— It is in evidence, hut it has no rela tion to the subject. Raynor— Don't say that a letter of the Secre tary of the Navy is not in evidence. It la as much in evidence as' any documents in tha world. This is a very important matter. It Is an Inadvertence on the part of the Secretary of the Navy, entirely unintentional. "He uses the word "remain" when that word is not in the original - dispatch. \ 7 4 Captain Lemly— If the court please, this is what they call In football "Interference." and It Is for no other J purpose whatever than to interfere with the examination of this mat ter. Captain Parker— It is "interferenca" that fre quently wins the game. At this point the court took Its usual recess for luncheon. After the recess Captain. Lemly repeated his question of. tha forenoon as fol lows: ' "Did you not accept it (meaning tha order referred to previously) as requiring you to re turn? As a matter of fact did you not re main off Santiago after that?" Admiral Schley— I said -that after the coaling efficiency of tho squadron had been established on a basis of -equality, and as we were not very distant from Santiago. In view of ths Secretary's suggestion I returned to ascertain definitely whether the enemy was In port. Upon our return we 'discovered' the Spanish squadron in the harbor. We may. have been' perhaps four and & half miles or four miles. "We were always nearer at night than In tha day time. Captain Lemly then asked If tha picket boats were two miles inside of the squadron. Admiral Schley replied In the affirmative and added: "I think it would not have been diffi cult with night glasses to see them. The nights were pretty clear there for some time. I In variably looked for the pickets befora going below." "Did you designate the formation of tha squadron under your command prior to June* 1, when blockading oft Santiago as a line of battler' "Yes. I was hi lino of battle all the time, in column." • ' / "Did you discuss with any. of .yoor captains the plan of battle as outlined in. your evidence In chief and the changing from column to tine of battle?" "I do not really remember tha full extent of the discussion, but It was a general ex planation of the plan. . Why I say that is because Captain Evans said to me: Then you propose to charge Into the entrance.' and that would lead me to Infer that ther» must hava been some explanation, because that was tha purpose. If we were in line or column of bat tle off the harbor and the enemy should appear a wheel would bring us In line directly for them and- another wheel would bring us east or west if -they turned east or west.,, .That oc curred to nje as a very facile and moblla move ment. My scniadron was small' and I had to keep It together as a unit." At this point Admiral Schley complained of sensitiveness In. his. throat and tha court ad journed ten minutes in advance of tha' usual time until 11 o'clock to-morrow. •• -\u25a0 Yesterday afternoon the '. nine negroes wLo \u25a0 were left In a heap, where : they had aled ; were-,'., piled Into three unmarked graves dug. near the ' charred remains ' of Lott's tent . house. \u25a0 There - was no* cere mony. The missionary and -his daughter filled one of the holes and the women and child another,; the men a third. \u25a0'. "At '*\u25a0 the same time prominent • citizens held a con ference, which was : attended : by. : Sheriff 0;H..i..H-.i^.i..:..i..i.i..i..i.:i.^.,i.^..f,, I .^.0 Sad All They Desired. For twenty-four hours It looked , like a general uprising- ' to ' wipe out the black race In "Washington parish. The news spread like wildfire and yesterday over lODO armed men had reached the scene of battle. v They came from miles and : miles, some from as far away, as Montlcello. Sheriff Norman H. , Simmons and J. K. Johnson, clerk of the : court ; of the par ish, arrived from Franklin •. : yesterday morning and the feeling; subsided. Governor Longlno a of Mississippi and Governor Heard of Louisiana were . noti fied and replies came that troops would be. hurried to the scene. ' " y > ed whites, were carried away to the home of F. Zones, about three'; miles through the pine woods, which was has tily converted • Into . a hospital. There Seal died yesterday. v He was burled this evening?. from his home In Verando, six miles away. In . tho . Zones Emergency Hospital Elliott now lies dying. : THE SAN CALL, WEDNESDAY; OCTOBER 30, 1901; Captain Lemly — And you were satisfied from these, without • taking any steps whatever to ascertain If this order or 'these reports were correct? "I ascertained for myself through the me dium that the department had placed there to "In your testimony you say that you did not disobey orders when you started westward be cause : you returned to your station without further direction. Am, I right?" "Yes." " " -. . "Upon receipt of the Instructions did you not, nevertheless, leave your station?" "Yes, I did, for these reasons: First, because Captain Slgsbee, a scout placed In front of Santiago harbor, Informed me that he did not believe the Spanish fleet was there; second, because Nunez, the pilot, told me he did not believe the enemy's fleet could enter the har bor; third, the order No. 7, with the accom panying memorandum In which Admiral Samp son minimized the Importance of this squadron being there and the fact that the department's telegram which reached me on May 27 was so. ambiguous in its terms. It authorized me to coal at Gonalves, Hay tl. or at Cape Cruz, Gon aives, being to the eastward, and knowing that Admiral Sampson was at Bay Francis, In the Bahama channel to the north, it occurred to me that if the Spanish squadron were extant the proper strategical move was to go to tne west ward and not the eastward. I was authorized in the same telegram to move as far west as Cape Cruz, provided coaling had ''been found p osslble there. I did not go to Cape Crua within eighty miles, I think. Now those were the influencing, and the operating motives. I felt that the move west was strategically the proper one, with- a determination to coal as quickly as possible, i and that the efficiency of any squadron as a unit was only equal to the efficiency of the coal supply of . the slowest one that composed It. - These were the mo 'tives which caused that movement. The . am biguity of the telegram from, the department, I think. Is manifest almost at once, because It states first specifically ' that all the depart ment's Information indicated so and so. That Is that the Spanish fleet was still at Santiago. It pointed out a place which at that time was not accessible, and. lastly, it looked to me to determine and report whether the enemy was In port or not. Those were the "Influencing mo tives." The Disobedience Charge. ,. In . reply to a question the witness saM that the Merrimac had signaled her accident on May 26, at 6:15 of that date and that at that time he was heading toward Santiago. Referring to' the beginning of, the westward movement at that time, Captain 1 Lemly called Admiral Schley' s attention to the fact he (the witness) had said in his testimony in chief I * £ s s^ 011 as the sea had calmed down he had begun to coal, considering himself better able to Judge than any other officer. Captain Lemly then had the witness examine the log of the .Brooklyn for the purpose of bringing out the fact that during the day of the 27th the. barometer was rising, .the breeze dying down and the sea becoming calmer. •Notwithstanding Improved conditions, did. you not steam twenty-three miles to the westward that day before attempting to coal?" After looking .at the log the admiral said that according to that memorandum he had b teamed eighteen^milea. Further, the admiral stated that they had been obliged to steam three or four knots farther than they needed to. overtake the Yale, which did not respond to y the Brooklyn' s . signal. In what way did Lieutenant Southerland make known his regret that he had to leave the squadron for coal?" "By, megaphone." 'You say he did not protest against leaving the squadron?" - " \u25a0 .'.'SJo... he., did . not. - Such --* protest would have been so extraordinary that I would have remembered it, I am sure. I do not remem ber, as he testified, that he begged to coal alongside. That would not have been pos sible. I -was : principally directed by the mo tion of Ida vessel." your captains while making thia passage from Clenfuegos to'Santlag.o \u25a0 In regard to the look out for the Spanish -fleet?" - "I did not give any special instructions. They had their general instructions." ' .."Referring, to the ''Adula, which Captain Cook said he boarded as a -suspicious craft, do you know she -was afterward captured and con demned-as a prize?" .'-,-. "I do not kriowwhether It was the same ves sel or, not: I: never saw her -afterward. There certainly mas nothing to me In the examina tion of her that Indicated she was a suspicious ship. She was duly Certified by our State De partment to enter, the port, of Cienf uegos." "Did you say in '.any 'one of your communi cations of -May 27 .to .the- department that the \u25a0weather'' was" boisterous "since . leaving . Key "West?"-'' . ii ,.;„--'. \u25a0 •,-.-.- : The Judge advocate then asked the witness to examine the log of; the Brooklyn .from the 19th to the. 27th. He read to the court the en trl«s.' Going back to the Adula incident," Cap tain Lemly asked If she had authority from the State Department to enter Clenf uegos. . . The witness replied that she'carrled an'authoriza tion from our Consul General at Kingston. \ "You testified that on the Journey , to San tiago the Eagle's forward compartment filled with water, When did you learn this?" . "I do not recall exactly. It Is pretty hard to differentiate what I knew then and what 1 1 learned later." "But you have testified that you had. pretty good recollection and very little imagination." "I did." . , • " . • "And that your recollection was better than Folger's." . • . .•\u25a0\u25a0• "Yes, I think It was upon that particular point. 1 ' "The point Is, did the fact that her com partment filled with water have anything to do with your sending her away 7" .'• "I do not think It did; it was her coal sup ply that governed." ~ "You testified that Southerland signaled to you that he was dangerously short of coal?" "She reported to me, I do not recall whether by signal or megaphone. She came up under our quarter."-. \u25a0 "Did she not signal . to you before leaving Cienfuegos that she had five days' coal aboard and that in six hours she, could take on enough to last nine days?" Without waiting: for a reply Captain. L#mly read a signal to this effect from the Eagle to the Brooklyn, but In the Brooklyn" \u25a0 log the answer was recorded in reply to the Brook lyn's questions as to how much coal the Eagle had for steaming at ten knots: "Nine days at ten knots." Captain Lemly then read the coal report of the fleet -for May 26. showing that the Eagle on that day reported to the Brook lyn that she had twenty-eight tons. "Can you state whether the squadron made better speed after the Eagle was sent away?" "You asked me that question yesterday and I eaid I could not recall. The wind had gone down, and I think had changed In direction, and the possibility Is that she may have made a little more speed, perhaps not ma terially more." AD Cervera s ; fleet appeared during the nights ;you were at.Cienfuegos, either coming out or coming in from seaward, what, under your instructions; would -your fleet have done?" "Knocked them out." (A stir in court.) : a :: - .'.\u25a0'\u25a0 "..-"What were your instructions?" : ; - - . . "To follow the flag—^ ii^structions given at Hampton Rd^ . ' \u25a0.. . "What^were^yqur written instructions?" .' . ' "There iwere/none^ I'do not; consider that the regulations or customs required writ-: ten instructions?,'^/, „\u25a0 ' * ," s * ,1*':],\ . \. *:. V t . .. : '\u25a0. "Is -it not the unwritten law at. sea ihat the vessels in squadron shall follow the flag?" "Yes/V except undei* certain circumstances." . , "Well, a vessel might' seeone of .the. enemy's ships drop out, and follow and attack her. That might be one of the circumstances.-"— From the testinwny given by Admiral Schley I tinder cross-examination. \u25a0 .'\u25a0 2 ' \u25a0\u25a0 Cf': ,k ; ' - \:' : v'" SCHLEY SAYS IF SPANISH SHIPS HAD APPEARED AT CIENFUEGOS HE WOULD HAVE DESTROYED THEM 2 FOR MAYOR, i i p i n 11/ ri p fljfl It WllLv); REPUBLICAN NOMINEE. ».. FOR . . .... AUDITOR HARRY BAEHRi - Regular Republican Nominee. VOTE FOR JOHN FARNHAM - — FOR— PUBLIC ADMINISTRATOR. REPUBLICAN NOMPTEH. FOR TAI COLLECTOR, Joseph Fassler . Democratic : Nominee, - VOTE FOR bboland; .'.*.".\u25a0 Democratic Nomine* for - PUBLIC ADMINISTRATOR . • (Incumbent.) ADVERTISEMENTS. , SEASONABLE HiNTSw Guard Your Health in Fall and Early "Winter. ' • v A change from warm to cold Is always attended with more danger than from a cold to a warm temperature.-hence the greater mortality • from lung and throat diseases at this season of the year, as compared with spring. • \u25a0 ;. The best protection against colds la not so much in extra clothing as in good di- gestion. \u25a0 :\u25a0 ' ji. \u25a0\u25a0'•-\u25a0. . . If the digestion and circulation are good, colds will be unknown. ~ • - Poor "digestion causes poor circulation of the blood, and when in this condition severe colds are. contracted on the slight- est provocation. '" . •...•- People who make a regular, practice of taking Stuart's Dyspepsia Tablets after meals are free from colds simply because their digestion is perfect, the -heart strong and regular, and the whole system forti- fied against disease. ' \u25a0 It requires little argument to convince any one that the best safeguard against colds, pneumonia and changes of temper- ature is a good stomach. . . v ' ' ,- J "Stuart's . Dyspepsia Tablets .taken after meals are dissolved, and mingling with the food cause it to be promptly digested and assimilated; they do this because they contain nothing but - harmless digestive elements, which • digest meat, eggs and other food even when. tho stomach Itself is weak and flaccid. - "... \u25a0>" " Stuart's Dyspepsia Tablets make people well and keep them well, and the best habit you can acquire is to keep dally us© of them at meals to make the digestive organs strong and vigorous. CITY ATTORNEY, Judge J.E. Barry Regular Republican Nominee. . ror lax Collector, Edw'd j. Smithy Republican Nominee. For SHERIFF, John Lackmann, Regular Republican Nominee. Fop RECORDER^ Chas. E. Corey > Republican Nominee. ADVERTISEMENTS^ '; Difficult Digestion That is dyspepsia, v : ; - It makes life miserable. ' , . Its sufferers eat not because they want to. • -but simply because they jnust. : - They know they are irritable and fretful; but they cannot be otherwise. '. ''•They complain of a bad taste <in the mouth, a. tenderness at the pit of the* stom- ach," an uneasy . feeling of i pufly fulness, headache, heartburn and what not. , , Thcf effectual remedy, proved by perma- nent cures of thousands of severe cases, is Ho oil's SarsaparUla t . Hood's Fills are the best cathartic. DR.MEYERS&CO, Specialists. Disease and • weakness .-, of men.' : v Established 1881. Consultation and "i private book free, 1 at office of'b'y mail. Cures guar- anteed. T31 Mar- ket street >g (eleva- tor entrance), San Francisco.' Stops the Cough . \ And works : off • the cold. ? ; Laxative : Bromo Quinine Tablets cure a cold in one day. No Cure, No Pay. Price 25 cents. •- \u25a0-\u25a0-/.. .....-, ' \u25a0 * \u25a0 * \u25a0 ' - . . Jt? v^JJbC . . . mayor; JOSEPH S. IOBIN, Democratic Nominee. APPLAUSE FOR THE EVERETT. s—* f^ — -^*^^ , — | — TttJif This is a new piano in a new; field, fr\_S ' " tkjil ar ?^ so '^ exclusively by Frisco's new f VrT ' ygv \ I jldB P' a . no House. The Everett is the I 'l Wr^rl 0my*iW3$«J 11^8 "Piano Automobile" of the present if r£*£^U v-/ J&Z5& If! raws < * ay- ** w ' ns t^ ie a Ppl ause of both j ' -~'-± V±r * • lU'Ftla amateur and the profession. £ mmmmmm^~ tHE§| e Everett we handle the* Steck, fj^j i .^^^i^, , ,*"l~j* cc! Hardman, Packard, Ludwig, Har- t!^^',.^_~~~~" '""^1 pig JEWS rington and Straube, and we invite .^^^^^SgS^jgggMfc; <3^ trel vour earnest, consideration of the if! <\u25a0 W? V >*^-^^^^^fil| {Hf P" ces ™. e ma^ c on tllese most niagni- /fi^VV j^l Js^t^Zi 1 li'l&ll On January I we move into our ; fiil^V// 7?Y'£r : ?zL = .A rfpvl new warerooms at 931 Market street. l|S5l\ \tM£^^?MkW\ At the P resent tim e Pkase take ele- V^fP&i V "'•W^^P^ vator at 933 Market street for our N^So^y ys^'vRicMT C].??^ « warerooms on the sixth floor, and buy \u25a0 * "^SSai<^>rr -^' £ piano at A WHOLESALE PRICK THE W|LEY B. ALLEN CO., 933 Market Street^San FranciscQ, (Branch Stores at Oakland, AlamedaandiSanJose^> CALIFORNIA 'I IB \u25a0\u25a0"•\u25a0\u25a0\u25a0\u25a0 w% - - \u25a0 " I I hJI I I I - II I ' I liil I I V II " \u25a0 \m I III I v I Li' w3 ' * "THE SUPERIOR OF THEM ALL" Everything that tends \i toj .speed, comfort, pleasure and luxury . unlimited. Eewrvs * \u25a0 berths for .this famotis train at 641 Market street. it LEAVES EVER/ MONDAY AND tHURSDAY, 9.00 A.M., ON THE SANTA FE