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VOL. XXVIII. BIRMINGHAM, ALABAMA. TUESDAY, SEPTEMBER 24,1901, NUMBER 77
SCHLEY’S ATTORNEYS ARGUE
THAT SAMPSON’S NAME MUST
BE BROUGHT INTO CONTROVERSY
Sharp Words Between Mr, Raynor and Captain Lem'ey, Judge
Advocate General, Over Interruptions
WHERE WHS THE HEW YORK
Witnesses Swear Sampson’s Ship Did
Not Arrive Until the Battle Was
Over—Heilner Tells the Part
Played by the Texas.
Washington, September 23.—The part
played by the battleship Texas in the
naval battle oft Santiago, July 3, 1898, In
which the Spalsh fleet under Admiral
Cervera was sunk, was the basis of Ihe
greater part of today's proceedings In the
Schley naval court of Inquiry'. Of the
four witnesses examined during the dayr
three had been officers on board the Tex
as during the battle and two of them
were new witnesses. These were Com
mander George C. Heilner, who was nav
igator of the Texas, and Commander
Alex B. Bates, who was the chief en
gineer on that battleship. Commander
Harber, executive officer and the chief
surviving officer of the ship since the
death of Captain Phillip, was recalled.
The fourth witness was Commander Sea
ton Schroeder, executive officer on the
Massachusetts and now Governor of the
Island of Guam.
The testimony several times during the
day was somewhat exciting and was
especially so when Commander Heilner
described the battle and the part the
Texas had taken In i't. He said when the
Brooklyn made Its loop at the beginning
of the battle It had passed across the
Texas' bows at a distance not to exceed
300 or 150 yeards and at the command of
Captain Phillip the Texas had been
brought to a dead stop. Engineer Bates
testified that the starboard engines had
been stopped and said he thought this
also had happened to the port engines.
Texas Lost Three Miles.
Commander Hoilner expressed the opin
ion that three miles had been lost by this
maneuver and the fact that part of the
machinery was deranged. He said that
he considered that the Texas was in
greater danger when the Brooklyn cross
ed her bows than at any other time dur
ing the battle.
On cross-examination Commander Heil
ner admitted having taken part In the
preparation of the official navy depart
ment chant Bhowing the positions at dif
ferent times of the ships which partici
pated in the battle. He said, acocrding
to this chart, the two ships never were
nearer than GOO yards fro meach other.
But, he contended, the chart was inac
curate and he said he had only consent
ed to it as a compromise. Commander
Bates admitted that the log of the Texas
contained no record of the signal to re
verse 'the engines. Commander Schroe
der testified concerning the coal supply
of the Massachusetts which, he said,
would have been sufficient for a block
ade of from sixteen to twenty days.
The day closed with another nnimated
controversy between counsel as to the
policy of bringing Admiral Sampson s
name into trial.
Log Books Presented.
When the court was called to order
Captain Lemley presented the deck log
books of the Brooklyn, Texas, Iowa,
Castine, Marblehead, Massachusetts, Min
nesota, New Orleans, Oregon, SL Paul,
Scorpion, Yale, Vixen, Eagle, Dupont,
Hawke and Merrimac.
“How about the New York?” asked
Judge Wilson, “I want to expediate the
proceedings.”
“I have no objection,” responded Cap
tain Lemly. "I, too, want to hasten the
proceedings as much as possible.”
Proceeding, Captain Lemley said he had
suggested such logs as he considered es
sential and that he would have printed
the points considered pertinent. He then
Indicated the time that he desired covered
by the matter to be printed, but Admiral
Schley’s counsel objected and asked that
the entire logs from the time the fleet left
Key West until after the battle off San
tiago be made available.
Captain Lemley also presented the
steam logs of the Brooklyn, Texas.
Massachusetts, Iowa and the Marble
head. Admiral Schley’s counsel asked to
have the log of the Spanish ship Cristobal
Colon presented.
“Very well, If we can find a Spanish
scholar to go through it and select the
facts wanted,” said Captain Lemley.
“Admiral Schley Is a good Spanish
scholar and he can make such selections
»s we may desire,” responded Mr. Ray
nor.
Schroeder Recalled.
commander Schroeder was recalled and
asked if he desired to make any correc
tions In the official records of his tes
timony of Saturday.
"There is one omission from Admiral
Bchley's remarks of the Massachusetts
on the day of the bombardment of the
Colon which I overheard which I would
like to supply." he replied.
"it Is thlB: He said when he came
aboard that Admiral Sampson would be
there on the following day. He made that
statement in connection with his remarks
that ho was going to sink the Colon."
Commander Schroeder was then asked
concerning the coal supply of the Massa
chusetts, and when he replied that he
had no information on that point, he was
csked to read the log to secure this infor
mation. Counsel for Admiral Schley ob
jected, but Assistant Judge Advocate
Hanna insisted, saying that Admiral
Bchley's counsel were merely creating
delay by their objections.
"I propose to develop the facts in this
case, and technical objections will not
avail to present," he said.
The objection to the question was not
pressed, and upon reading from the log.
Commander Schroeder said It showed
that that the Massachusetts had over 800
tons of coal aboard when It arrived at
Santiago.
Supply of Coal.
Mr. Hanna: (assuming that the Massa
chusetts on blockade duty would use
thirty tons of coal per day, how long
could the Massachusetts remain on block
ade before Santiago with that supply ofl
coal.”
"That would depend upon whether we
would have to go some distance to replen
ish the coal supply. At forty tons a day
of course she would run in about every
days if there was a coal supply at hand.
There was coal there at the time on the
Merrlmac.”
"Steaming at ten knots about how
much coal would the Massachusetts con
sume on a day's run.”
"My recollection is that we could make
four and a half miles per ton of coal.
That would be about 220 miles a day on
fifty tons, and this is probably not for
from what was the case, ..
Lieutenant Commander L. O. Heilner,
navigator of the Texas during the Span
ish war, testified that he had heard no
guns fired when the squadron approached
Cienfuegos. To his knowledge on effort
was made to ascertain whether the Span
ish fleet was in the harbor or to destroy
Spanish works there. Nor had there
been any effort made to communicate
with Cubans on short until Captain Mc
Calla arrived on the Marblehead.
Description of the Battle.
The witness was then asked to describe
the battle of July 3, and said:
“The Texas had been heading about
east when the enemy was seen coming
out of Santiago. Lieutenant Bristol, who
was officer of the deck at that time, rang
to go ahead at full speed and put the
helm hard to starboard to make a turn.
“When I got on deck he informed me
of what had happened and I sent him be
low and assumed charge of the deck. The
captain told me that he had eased the
helm until he could find out which way
the ships were going, and he also rang
half speed. I suggested full speed. He
said the battery was not ready. I told
him it would be ready before the ship
was in position to fire, and then he said:
‘All right' and rang full speed. When the
second of the enemy’s ships followed the
first to the westward he put the helm
hard to starboard.
“I made several reports to him about
the Brooklyn regarding her signals. He
said 'Never mind.’ I also referred to the
way I thought the Broklyn was standing
up to light—very nicely. The captain
said: ‘Crackle, never mind the Brooklyn—
you look out for this ship.’ The Brook
lyn then was about on her port beam.
So I said, ‘All right, captain, I will look
at the Brooklyn no more,’ and I turned
my back, looking on the starboard beam
at the ships getting out.
Position of the Brooklyn.
"After we sheered about and got to the
westward, I suggested to hive her a lit
tle port helm, to get closer in and he did.
Soon after he gave her this helm he sang
out through the sight hole to the men at
the wheel, and the engine room indicator
to slow, and then stop, and I said: 'Cap
tain, they will getaway from us.’
"He did not answer me, but imediately
stepped back, and then I said. ‘My Lord,
Cmaptaln, we are out of the fight.’
"He said: ‘Look at the Brooklyn.’ I
turned around and right ahoad of us this
big gray ship looed out of the smoke.
For a second I thought my heart was in
my mouth. We were steaming with a
heavy helm and she steered by us. When
I saw her she was practically ahead of us,
that is, the first T saw. She sheered off
and went to sea about 200 yards and then
on westward. As soon as the Brooklyn
cleared us we rang to go ahead and start
ed up forced draft again.
"After that we simply followed on as
fast as we could on a line that was just
inside the line where the Oregon was en- j
gaging the ships. Just before this turn of j
the Brooklyn the Iowa and Oregon were !
both close to us on our starboard helm, i
We coiKiued the chase until the Colon j
hauled down her flag, when the captain i
gave the orders to stop forced draft."
Captain Lemley: "How near was the
Brooklyn to the Texas at the time you
say you saw her loom out of the smoke?’’
"I did not make any estimate at the
time, but came to the conclusion later
that she was between 100 and 130 yards
from us. which was a much longer dis
tance than Captain Philip thought it
was."
Position of the Brooklyn.
Captain Lemley: Perhaps 1 should have
asked you in the first place the position
of the Brooklyn relative to the Texas
just before going into battle.
"She was almost astern of us; that is
because we were headed almost east. She
should have borne west by northwest.
She was heading for the land and I
thought she was standing pretty nearly
on her north course. I did not see at
first any indication of turning, and I
thought she was going right in."
"Did the Brooklyn give any steam
whistle signal to indicate her change of
course?"
"That I do not know.
"Did you hear any?"
"I did not hear any."
"Do you think you would have heard it
if there had been a steam signal?"
"No, sir; we could never have heard
It."
"At what time during the battle of
Santiago do you consider that the Texas
was in the greatest danger?" asked
Captain Lemly.
Mr. Raynor objected, contending such
opinions were shut out by a previous
ruling of the court.
Mr. Hanna said there were many minor
points on which the court must from time
to time ask opinions of witnesses. The
point was also argued on the one side
by Captain Lemly and on the other by
Judge Wilson.
The court overruled the objection and
the question was repeated. "Looking
back," responded the witness, "I know
that the time of the greatest danger of
the Texas was when the Brooklyn loom
ed up out of 'the smoke right ahead of
us."
He said in response to questions that he
had never sailed with a man who had
quicker sight or who handled his ship
to better advantage than Captain Phillip.
He added tha't the captain had on this
occasion given successive orders and »that
the Texas had backed "until she was
dead in the water." He said that on ac
count of this incident two or three min
utes had been lost and that fully three
miles were lost to »the ship. A part of
this delay, however, he said had been
caused on account of the fault of the
ship’s blowers rendering the vessel slow
in getting up steam.
The witness was sftill on the stand
when at 1 o’clock the court «took a recess
for luncheon.
Afternoon Session;
When court convened, Mr. Raynor con
tinued the cross-examination of Com
mander Heilner. He asked him especi
ally concerning the official charts of the
brooklyn ofT Santiago, exhibiting the
chart. The witness said he had been one
of the board of navigators who had pre
pared the chart and that he considered I
the map inaccurate.
Mr. Hanna interposed to say that If
the point intended to be made was that
the chart was Inacurate the government
would concede all at once that this was
true.
"It is a great pity that you never con- ,
ceded that before," said Mr. Raynor.
Mr. Raynor then commented quite vig
orously upon the fact that the chart was
an official document.
The witness was asked by Mr. Raynor
concernlg the stoppage of the Texas
when the Brooklyn appeared In front
of her.
"The signals," witness answered, "was
to ‘slow/ ‘stop/ and ‘back*, one right on I
REBELS DID NOT
IAKETHEATTACK
Commander of Machias Warned
Against Any Interference
= -*
TRAFFIC HOI INTERRUPTED
United States Consul Notified the
Commander of Proposed Attack
On Colon and His Mes
sage Spoke Much.
Washington, September 23.—The United
States consul at Colon has advised the
department of state under date of the
| 9th inst. that on the 3d of September he
[ received through the alcade of Colon an
j open letter from the insurgent command
er, giving notice of a contemplated
prompt attack on Colon, which letter was
the same night sent to the officer com
manding the United States steamship
Machias. The consul was informed that
identical notes had been left at the Al
cades of finance for consul officers of
Great Britain, France and Spain.
The consul replied to the letter of the
insurgent commander, notifying him that
any interference on his part with the
free transit of goods and persons across
the Isthmus of Panama would be a viola
tion of the treaty rights of the United
States, and that if he should attempt
such interference the. United States would
act accordingly. The consul added that
any construction of free access to the
Panama Railroad station at Colon from
any of the docks of the port, or any ob
struction of the main street of Colon to
the Panama Railroad station, and any
act of insurgent forces rendering such
access dangerous, would be rgarded as an
interference with the free transit re
ferred to.
The government sent a small number
of troops to GatUn and Colon and the in
surgents decamped. The consul thinks an
attack has been abandoned. The insur
gents are estimated at from fifty to five
hundred men.
Concerning the situation of Bocas del
Toro the consul had received three let
ters from Consular Agent Hand. Their
contents may be summed up as follows:
The government troops instead of wait
ing a rebel attack in the 'town had moved,
pursuant to orders from Panama, toward
the rebel position and an engagement was
iminent. Property belonging to American
residents of the district of Bocas del
Toro has been impressed by the insur
gents.
The consul states that he will advise the
agent that Americans whose property is
taken should prepare full and complete
descriptive affidavits in order that well
supported claims may be presented.
top of the other, before I would say a
word in between.”
“Does anything appear in your log
about that?” asked Mr. Raynor.
“othing,” answered the witness. It was
not on the log. I can tell you why it was
not, because Captain Philip said he did
not like to have anything in it. I swore
to the Judge advocate of this court that I
would not bring up a dead man to sub
stantiate anything I said, and that I
would not bring up this point, andl am
sorry I brought it.
Referring to the cruise to Santiago, the
witness said that he knew the Eagle had
impeded the speed on that trip. He re
membered also that the collier Merriroac
had been broken down after the tour to
the westward from Santiago on May 17.
“Did you see any signals from the New
York on the day of the battle?” asked
Mr. Raynor.
“We did not receive any signals from
that vessel on Monday until in the aft
ernoon,” replied the witness.
New York Flew No Signal.
Continuing, the witness said that if the
New York had flown any signals he had
not seen them.
“Did you see the New York on the day
of the battle?” W’as asked.
“Oh, yes. I think she was reported
coming up before the Viscaya went
ashore. She was the last ship.”
Here the Judge advocate interposed to
ask the purpose of this inquiry. Mr. Ray
nor replied:
“We have the absolute right to show
the situation of the New York on the
day of the battle and the connection of
Admiral Sampson In reference to the bat
tle. We have a right, for Instance, to
show that Commodore SchJey at Santi
ago maintained the same sort of block
ade that Admiral Sampson maintained
wrhen he got there on the first of June.
So far as distances are concerned, I
think we have the right to show — be
cause one of the specifications of this
precept so states—whether or not a close
or adequate blockade of said harbor to
prevent the escape of the enemy's vessels
therefrom was established.
“We do not propose to bring the name
of Admiral Sampson into this contro
versy any morethan it is possible to do
so. We are not here for the purpose of
engaging in any personal controversy
between Admiral Sampson and Commo
dore Schley or adherents of either; we
are not here for the purpose of, at pres
ent, without knowing what this case will
develop, criticising the actions of Ad
miral Sampson;but it is absolutely neces
sary for this court, in order to properly
investigate this case under the specifi
cations of this precept, to let us prove
what Admiral Sampson did; not that we
condemn what he did or criticise or con
sure w'hat he did. We are not here for
the purpose of condemning the fact, if
it proves to be a fact, of the New York's
leaving on the morning of the battle;
we are not here to criticise the blockade
that Admiral Sampson had at Santiago;
but we are here to establish this, or. un
der the specifications of your precept
memorandums, to find out whether the
blockade at Santiago was a close or ade
quate blockade. Now, if we can prove
that It was, so far as distances wfere
concerned, the same blockade that the
commander-in-chief maintained here,
then we can Justify the course of Ad
miral Schley, who was commander-in
chief before Sampson's arrival.
“Would Admiral Schley be censurable
for maintaining on 'the 28, 29, 90 and 31st
(Continued on Second Pa go.)
SHAFFER TELLS
WHY THE STEEL
STRIKEWASLOST
Compelled to Settle by Lack
of Assistaoce from Other
Organizations
SEVERELY CENSURES GOMPERS
Leader of the Amalgamated Associa
tion Says That He Was Promised
Aid, But Help Never Came
From Any Source.
Pittsburg, September 23.—The Associat
ed Pres3 has securer, an advance copy of
the statement of President Shaffer of the
Amalgamated Association giving a history
of the late strike of steel and tin workers
from its inception and the terms of the
settlement. President Shaffer says that
the statements contained therein give a
fair and truthful account of occurrences
leading to and compelling a settlement of
the strike. In part the circular is as fol
lows:
"When we had almost completed ar
rangements with the representatives of
the American Tin Plate Company for
scale rates and conditions at the confer
ence held in Cleveland the question of
signing for Monessen was broached, and
after discussion it was agreed by both
sides that the matter was to be settled by
the sheet steel conference; if the sheet
steel company signed for all, the Ameri
can Tin Plate Company would do like
wise. The scale question was not sett' 1
completely with the last named comp
and could not be until the other com
had settled. The tin plate people knew
that wre had decided to enforce article
XIX., section 35, consequently the charge
tha/t we broke our agreement must rest
upon the action of the sheet conference.
In Condition to Win.
"We were in fairly good condition to
win without help, but looked for aid from
other labor bodies, some of which were
pledged, and to the general public, but
especially relied upon the American
Federation of Lah . i. with which body we
have been affiliated ever since Its incep
tion and toward whoso support we have
never failed to contribute.
“Our strike advanced and we were
confident of winning until the news
papers deliberately and maliciously
published statements which were re
plete with lies. We knew our cause
would be lost, feeling sure we could
win if support could be secured for
the faithful strikers. The American
Federation gave us not one cent. The
report that financial help came from
the National Lodge of the Mine Work
ers is absolutely false—we received
nothing.”
“Perceiving that lack of money, loss of
public approval, desertion by hundreds
of our own people and neglect by other
organizations would render It Impossible
to gain a decisive victory, we endeavored
to save what we could. I arranged for
Mr. Gompers, of the American Federa
tion of Labor, to meet Mr. Morgan to ef
fect a settlement. Mr. Morgan went to
New York and waited for Mr. Gompers,
who failed to appear, nor has he since
explained why he neglected our Interests.
We were called upon at the national of
fice by John Mitchell of the United Mine
Workers, Mr. Easley of the Civic Fede
ration, Henry White of the Garment
Workers and Professor Jenks of Cornell
University. These gentlemen Inquired
carefully Into our strike, and Mr. Mitch
ell stated that If we would present a
proposition which he outlined he would
demand acceptance by the trust or call
out the miners, and he said he felt sure
Mr. Sargent would call on the trainmen
to strike alBo. We sent the proposition
to the members of the executive board,
which voted In favor of It.
Accepted Mitchell’s Proposition.
"I notified Messrs. Mitchell and Easley
of the acceptance of the proposition, and
on September 4 received the following
telegram:
“ ‘New York, Sept. 4, 1901.
“‘Theodore J. Shaffer, Pittsburg:
“ ‘We have had an extended confer
ence with Messrs. Schwab, Cory, Pres
ton, Graham and McMurtrie of the
United States Steel Corporation, and
presented your proposition for the
settlement of the present strike. It
was rejected. We can, however, se
cure settlement on the following
basis: The signing of the agreement
for all mills which were union last
year except Old Meadow, Saltsburg,
Hyde Park, Crescent, Irondale, Ches
ter, Cambridge, Star and Monessen.
There will be no discrimination against
the re-employment of any one by the
company by reason of his connection
with the strike and no questions will
be asked as to the membership of any
man in the union. We are convinced
that these are the best conditions
which can be secured as the result of
this strike and the last offer of an
agreement which the company will en
tertain and that we must be in a posi
tion to accept these conditions today
or all negotiations will be off. From
the facts demonstrated to us of the
present situation of the strike, that is
in the mills already in operation and
several others which will be In opera
tion within a day or two, we are
strongly of the opinion that the inter
est of your trade and your organiza
tion demands that these terms be ac
cepted. We unqualifiedly recommend
their acceptance by you and at once.’
Gompers' Recommendation.
"Mr. Gompers (by phone) said to your
president:
" ’Mr. Shaffer, I, as an Individual, re
commend that you take a stand for the
proposition. I have done the same and
would do so again.'
“We refused to bold further telephonic
Intercourse with him and waited for the
miners and railroad men to be called out.
They were trilling to come, as thousands
(Continued on Second fage.)
CZOLGOSZ TELLS THE COURT
HE IS GUILTY, BUT THE PLEA
IS CHANGED BY JUDGE’S ORDER
ANARCHISTS
ARERELEASEO
No Evidence !o Ho!d the Men
Arrested in Chicago
CANT HOLD EMMA GOLDMAN
According to the judge’s Promise the
High Prestess of Anarchy Will
Be Turned Loose for Lack
of Evidence.
Chicago, September 23.—-The nine an
archists who have been under arrest here
since the assassination of President Mc
Kinley were today given their freedom,
Judge Chetlain so ordering after it had
been admitted there was no legal evidence
against them.
Emma Goldman was not a party to the
proceedings. Her case is set for hearing
tomorrow before Magistrate Prindiville,
where she, as well as the nine men freed
today, are charged with conspiracy to
murder President McKinley.
The case in the lower court with refer
ence to the men, is of course nulifled by
the action of Judge Chetlain today.
Miss Goldman will also be set at liber
ty, as Justice Prindiville has agreed to
take such action in her case as the upper
court took in the cases of the men. At
torney Brown said he would try to have
Miss Goldman freed today.
Had No Evidence.
. hen the argument on the writ of ha
beas corpus began before Judge Chetlain,
D. Taylor, the city prosecutor, arose and
at once declared that he could no longer
ask that the prisoners be held.
“They were arrested at the request of
the Buffalo authorities, but we have
no legal evidence against them,” he said.
Attorney Geeting, the relator, then de
manded that, In view of the gravity of
the offense, which had charged against
his clients, that the prosecution be re
quired to state what cause or what sus
picious weighed with the police in making
the arrest.
Judge Chetlain said that in view of the
fact that the prosecution, representing
both the city and state as well as Buffalo,
by indirection, had agreed to the libera
tion of the prisoners, and admitted that
there was no evidence against them that
there was no reason for further inquiry
into the matter. The court then ordered
that the prisoners be liberated.
Showed No Emotion.
The prisoners had been silent, their faces
expressionless during the proceedings.
When the court ordered the Jail doors
opened to them there was not a trace of
jubilation on their faces. They were led
back to Jail, where they collected their
belongings, chietly mazagines and news
papers and then came down stairs where
they met friends and members of their
families. For the first time they showed
evidences of pleasure. The party then de
parted in various directions, refusing
police protection to their homes.
Emma Goldman Sneers.
Chicago, September 28.—Emma Golditmn
received the news of the liberation of
her friends with a laugh.
"I guess they'll have to let me go now,"
she said, "it has been shown that the
men named as conspirators with me did
not conspire, and I fancy they would
have trouble trying to showw that I con
spired all by myself."
MANY APPLICANTS
FOR WOOD’S OFFICE
Death in London of Dallas Judge
Causes Lively Political Skir
mish in Alabama
Montgomery, September 23.—(Special.)—
The death of Probate Judge Wood of
Dallas County in London yesterday will
cause a strong fight before the Governor
for the appointment of a new judge.
Dallas is one of the richest counties in
the State and the probate judgeship is a
valuable prize.
There are already several applicants
for the position, some of whom were here
today. W. P. Molett, a wealthy farmer,
called upon the Governor and presented
strong claims for the appointment. Mr.
Molett was a candidate against Judge j
Wood for the nomination three years j
ago and made a close contest. Solicitor j
Quarles of Dallas was also here in behalf I
of some friends.
FRANCE 18 CRITICIZED.
Fetes In Honor of the Czar Not Prop
erly Arranged.
London, September 23.—The Paris cor
respondent of ithe Times, commenting on
the C’zar’s visit to France, says:
"Criticisms are being passed on the or
ganization of the fetes. The four mis
erable little steamers which conveyed
the President’s guests, the members of
the French Parliament and the members
of the press from Dunkirk, resulted In
much sea sickness of those on board.
The neglect which followed was still
more striking.
“Ex-President Caslmer-Perler and his
wife were Invited to Friday’s fete and
dinner at Complegne and Saturday’s re
view at Bethany, yet no provision was
made to give them lodgings. They were
therefore obliged to decline the Invita
tion to the dinner and fete, and to be
present at the review only.
"it is also said that Mme. Loubet and
the Czarina never drove in the earns
Prisoner Was Apparently Unconcerned as He Faced the Jurors
and Heard the Story of His Crime
carriage. The explanation given :s that
the Czarina could not forget her Imper
ial rank, whereas the Czar was willing
with perfect good grace to forget his con
siderable elevation.”
The correspondent goes on to say, “it
appears thait of the Frenchmen whom
he met, the Czar was most Jmoressed by
M. Waldeck-Rousseau (the premier), to
whom he constantly appealed for infor
mation. The Czar was also deeply im
pressed by the President, especially by
the ‘characteristic calmness of his re
plies.’
“The Czar and the French minister dis
cussed mainly the near eastern questions,
especially the relations between France
and Turkey, and the future of Armenia,
which Russia declares must become a
Russian protectorate or continue its pres
ent miserable existence.”
SENOR PALMA CANDIDATE.
Will Officially Announce as Candidate
for Cuban Presidency.
New York, September 23.—Next Satur
day or sooner Senor Tomas Estrada
Palma will be proclaimed a candidate
for the Presidency of Cuba with the en
dorsement of all political parties and an
absolute assurance of election when the
vote is taken, says the Havana corre
spondent of the Herald.
This was decided by the leaders of the
several parties at a meeting called to
read the platform addressed to Gen. Ruis
Rivera by Senor Palma in reply to a re
quest from these parties for an expres
sion of sentiment on the various proposi
tions proposed by the Cuban people.
The greatest questions involved were
those of a reciprocity treaty with the
United States, a permanent treaty as
prescribed by the Platt amendment, the
matter of the payment of the Cuban
army for services during the revolution,
the system of collecting revenues for
governmental maintenance and the own
ership of the Isle of Pines.
The* leaders accepted Senor Palma’s
platform by a vote of 23 to 22. and great
enthusiasm prevailed among Senor Pal
ma’s friends.
TREATMENT EQUALS
THAT OF DREYFUS
General Hernandez Suffers Ter
rible Torture in a Vene
zuelan Prison
New York, September 23.—According to
the story told by a Venezuelan who
reached New York a few days ago, Gen.
Jose Manuel Hernandez, the head of the
Conservative party in Venezuela and
who is a political prisoner, Is undergo
ing treatment even worse than that of
Dreyfus in Devil’s Island.
His political and military strength was
recently shown, says the Tribune, in the
organization of a revolutionary move
ment on the frontier under the leader
ship of General Rangel Garblros. This
uprising, which President Castro called
a "Colombian Invasion,” was In reality a
Hernandez movement, it Is said.
"Immediately following this," said one
of Hernandez’s former fellow prisoners
now here, "began the systematic attacks
on General Hernandez, whose friends
fear it will end the veteran’s career. The
first move was to transfer him to the
darkest dungeon In the foul-smelling old
fort. A hugh ball was fastened to his
ankle. He Is held incommunicado—that
is, no one is allowed to see him nor la
he permitted to communicate with the
outside world. He is even denied the
usual exercise about the prison yards.
His keepers take a fiendish delight in
throwing large live rats, spiders and
other vermin Into his dungeon, particu
larly when he Bleeps. The rations allowed
General Hernandez are only half that re- i
quired by a man of his physique.”
Nichlos Hernandez, who lives in New
York, Is a son of Qeneral Hernandez. He i
says that this statement of the situation
Is confirmed by reports reaching him ;
from other sources. General Hernandez 1
visited New York a few years ago.
Machine Shop* for Sheffield.
Memphis, September 23.—It Is an
nounced that the Southern Railway will
remove Its machine shops from this city
to Sheffield, Ala., within the next thirty
days. The move has been contemplated
for some time, but Superintendent
Hutchins announced this afternoon that
the decision was hastened because of al
leged lack of police protection during the
recent machinists' strike.
American Defeated.
London, Sept. 24.—Thousands gath
ered yesterday at the Stamford Hill
grounds to witness the 25-mlle run
ning match for a prize of £60 between ,
Hallan of New York and Hurst of J
Edmonton, England. Hallan gave up
after covering 11*4 miles and the race
was awarded to Hurst, who covered
12 miles in 1:11:59.
INDEX TO TODAY’S PAPER.
1— Schley Court of Inquiry,
Shaffer Explains Settlement.
Czolgosz Pleads Guilty.
Colombian Trouble.
Anarchists Released.
2— Base Ball.
Yom Klppur Service*.
I—Public Schools Open Today.
Boys Sent from School.
State News.
ft—Editorial.
Hotel Lobbies.
Lincoln's Assassination.
Disposition of Booth’s Body.
6— General Shelley’s Claims.
Belt Line Said to Be Sold.
Local News.
ft—Social News and Gossip.
7— The markets
8—The Races.
PHYSICIANS ON THE STAND
Fatal Bullet Was Not Located Because
the Relstlves Objected to Fur
ther Mutilation of President
McKinley’s Dead Body.
The jury selected yesterday to paaq
judgment upon the assassin of Presi
dent McKinley is as follows:
Frederick V. Lauer, a plumber, of
Buffalo.
Richard J. Garwood, street railway
foreman, of Buffalo.
Silas Carmer, a farmer.
James S. Stygall, a plumber.
William Lemon, a farmer.
Walter E. Everitt, a blacksmith.
Benjamin F. Ralph, bank cashier,
Samuel P. Waldo.
Andrew J. Smith.
Joachim H. Mertena.
Robert J. Adams, contractor.
Buffalo, T". Y., September 2S.—Leon F.
Czolgnsz was placed on trial this morn
ing, charged with the murder of Presi
dent McKinley. He entered a plea of
"guilty," which was subsequently chang
ed to “not guilty" by direction of the
court.
All the events of the day Indicated that
the trial will be short. Court convened
at 10 o'clock and within two hours eight
Jurors had been secured. Justice Tru
man C. White, one of the oldest and most
experienced of the Supreme Court Judges
was on the bench. Immediately after
the opening of the court and after the
prisoner had pleaded, Justice Loran L.
Lewis, senior counsel for the defendant,
announced that together with his collea
gues, former Justice Robert C. Titus and
Mr, Carlton E. Ladd, they were ready to
aot In behalf of the prisoner.
"I thought It best," he said, "for my
colleagues and myself that I should say
nothing regarding our presence here as
attorneys for the defendant. At the tlJpjF
my name was suggested I was out pf the
city and knew nothing of what was
transpiring here with reference to the se
lection of counsel for the defendant.
When the circumstances of my selection
wore told me I was extremely reluctant
to accept. But the duty had been Im
posed and I considered It my duty. In
all the circumstances, to defend this
man.
"I ask that no evidence be presented
here—tn-a't the court will not permit the
acceptance of any evidence unless It
would be accepted In the trial of the most
meagre criminal in *the land."
Judge Will Give Fair Trial.
"I am familiar with these circum
stances," said Justice White in reply,
"and I wish to say that I will give you
every assurance that the prisoner will
have a fair and impartial trial, and that
during the progress of the trial he will
receive such treatment as the law de
mands in any criminal case.”
The work of securing the Jurors was
then undertaken with an alacrity that
was amazing. Before the day was over
the entire panel had been sworn, the Ju
rors had listened to a description of the
Temple of Music where the crime oc
curred. had seen photographs of the inte
rior of that structure and had been told
by three surgeons what caused the death
of the President and the effect of the as
sassin’s shot upon the various organs of
the body. They had also learned why the
fatal bullet had not been located.
The presentation of the government’ll
case began shortly before 3 o’clock, when
Assistant District Attorney Hallery be
gan with much deliberation to address
the Jury. He spoke very briefly.
"We shall show," he said, "that for
some days prior to the shooting this de
fendant had premeditated the snooting
of the President. He knew that on the
6th of September the President would re
ceive the populace In the Temple of
Music; that one day he went to the ex
position, got into line with the people
and approached the President; that he
had a weapon in his hand, and as the
President extended his hand in kindly
greeting he fired the fatal shot.
"He fired two shots, in fact. One of
them took effect in the abdomen and
caused that mortal W'ound which resulted
in the President’s death. That, in brief,
is the story we shall show you. Witnesses
will tell you this story and I am sure that
when you have heard the evidence you
will have no difficulty In reaching a ver
dict of murder in the first degree."
First Witness.
The first witness, Samuel J. Fields,
chief engineer of the Pan-American ex
position, described the ground floor of the
Temple of Music and was followed by
Perry A. Bliss, a photographer, who pre
sented views of the Interior of the build
ing. The remainder of the afternoon was
taken up with the testimony of three
physicians, two of whom had attended
the President during his last days, while
the other performed the autopsy. The
latter, Dr Harvey R. Gaylord, was tbs
first of the trio to be called. He described
the location of the wounds In the stomach
and the direction of the bullet. The
cause of death was attributed to the
gunshot wound, but fundamentally, ho
said, It was due to the changes back of
the stomach In the pancreas, caused bv
the "breaking down” of the material ofc
the pancreas as a result of the passage of
the bullet
Dr. Herman Mynter followed and his
testimony was of Importance. Inasmuch
as it brought out the fact that the rea
son why the fatal bullet bad not been
located at the autopsy was because of
the unwillingness of the President's re lat
tices to have the body further mutilated
by their instruments. Dr. Mynter and
Dr. Mann, who followed him, both tes
tified the the primary cause of death, wa*
the gunshot wound in the stomach One
effect of this wound was they * id, to
cause the gangrene to form in the pan
crease and the spot of poisoned tissue
was as large as a silver dollar.
Prisoner Cxolgosz during the morning
evinced no Interest whatever in the pro
ceedings, but ss the testimony was in
troduced he paid more attention to what
was said, and looked at the various wit
nesses closely.
The probable duration of the trial, H
_ t Continued an geooog Figs)_(