The age-herald. [volume], October 15, 1901, Page 2, Image 2

About The age-herald. [volume] (Birmingham, Ala.) 1897-1902

Image provided by: University of Alabama Libraries, Tuscaloosa, AL

                
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RHODES’ FAMOUS CHECK.
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the Tribune’s London correspondent.
They assert that this sensation Is as
nothing compared with what will fol
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It is hinted ...at he is in a position
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CALEB POWERS
PLACEDON TRIAL
Kentucky Judge Orders Law
yers Searched for Weapons
HAS JURY POLITICAL BIAS?
First Witness for State Says Bullet
Wmch Killed Goebel Came
From the Office of
Caleb Powers.
Georgetown, Ky., October 14.—After the
Jury was completed this afternoon In the
trial of Ex-Secretary of State Caleb
Powers, as accessory to the murder of
Governor Goebel, the defense challenged
the whole jury, charging It with political
bias and the officers of the court with
packing the Jury for the purpose of con
viction.
Both sides presented affidavits and ar
guments after which Judge Cantrlll over
ruled the motion of the defense to dis
qualify the jury and also a demurrer to
the Indictment to which the defense took
exceptions.
Witnesses were then sworn and a list
of attorneys on both sides furnished tfte
court. Prosecutor Franklin read the In
dictment against Powers and Col. T. C.
Campbell stated what the commonwealth
expected to prove.
The First Witness.
After Mr. Campbell concluded, the
prosecution Introduced Its first witness,
D. Meade Woodson, the surveyor who
drew the plot of the statehouse square at
Frankfort, showing the spot where Goe
bel fell. Mr. Woodson testified as to
the probable course of the bullet that
killed Goebel. At 5 o’clock court adjourn
ed to meet at 7 o’clock.
When court reconvened at 7 p. m., Mr.
Woodson testified that according to the
measurement made by him the bullet
which killed Goebel came from the office
of Caleb Powers. After being cross-ex
amined by Mr. Kankald court adjourned
at 10:16 p. m. until tomorrow.
Examination Is Slow.
If the examination of all the witnesses
Is as slow a process as the examination
of the commonwealth’s first witness, the
case cannot be finished In the remaining
eleven days of the term. At the afternoon
session, Judge Cantrlll notified all pres
ent In the courtroom that at future ses
sions of the court, during the Powers'
trial, all persons, be they lawyers, Jurors
or spectators, w:r. be searched for arms
before they are allowed In the court
room.
COOK, NOT SCHLEY, GAVE ORDER
FOR THE BROOKLYN’S LOOP
(Continued from First Page.)
gave the order Hard aport’ to the helms
man, and ran to the Other side to see
our own fleet and our relative positions.
Quicker than I could tell It the commo
dore called to me ‘Cook hard aport.'
“I answered the ‘helm Is hard aport,
turning as rapidly as possible.’ As I
watched the Texas the bow of the Brook
lyn seemed first to point to her port bow.
The Texas was changing her bearing rap
idly. The bow of the Brooklyn passed
along the port side of the Texas until
there was a clear opening between us and
the Texas. We made a complete turn, a
very quick turn, with helm hard aport
until we came around and paralleled the
fleet on the other side. As we paralleled
the Spanish fleet, the Vlzacaya—
Admiral Dewey—May I Interrupt; how
near did you pass to the Texas?
No Danger of Collision.
"I never thought of a collision. It never
entered my head. I never for a moment
had one Idea In that respect. We passed,
I Judge about 400 yards, but the collision
I never thought of. She turned perfectly
clear of the Texas, came around and then
we had the Vlscaya on our starboard
bow and about beam was the Oquendo
and then the Colon. That was about the
hottest time of the action. It was a crit
ical time. There was not any time for
Indiscretion, and I do not think there was
any. I always felt It In mind In studying
the position, that the chances would have
been for a disaster had we shifted helm
at such a time.
“However, we got around, and we had
those three vessels. They were all three
firing on the Brooklyn when almost Im
mediately, faster than I can tell It, I saw
a large white bone In the water, and
through the smoke I saw the bow of a
vessel. I exclaimed at the time, ‘what
was that?’ the navigator who was near
me, said It was the Massachusetts or
something to that effect. I said she was
away off, and he said, ‘That Is the Ore
gon.- I felt perfectly assured from that
moment. She came up very rapidly. She
was making more speed than we were at
that time, as she had all of her boilers
on.”
"Where was the Oregon In respect to
the Brooklyn at that time?"
‘‘I estimated 600 yards. She passed In
between the Texas an- the Iowa."
“Was the starboard engine of the
Brooklyn reverted during that turn?"
"It was not, because I did not want to
loose the speed of the ship."
“At the time you saw the Oregon com
ing up out of the smoke, was she on your
starboard?”
“Starboard quarter.”
"And between you and the Spanish
ships ?"
“There was never anything between us
and the Spanish ships; she was on our
starboard quarter."
“You say you heard the commodore
say at one time ‘hard aport’? That was
after you had begun to make the turn
and the helm was hard aport?”
“Yes, the helm was aport but not hard
aport. My Impression Is now, although It
was not at the time, It was about as near
the same time as has been given. There
was perfect understanding between the
commodore and myself. There was never
a question of any kind during the ac
tion.”
“I will ask If your recollection Is clear
as to whether the helm was put hard
aport by yourself first, or that you did It
In obedience to an order from the com
modore?”
“I gave the order on my responsibility.’’
"At what time did you hear any con
versation between the Commodore and
the navigator?”
“I did not” .
"Did you see any torpedo boats?”
“I did not.”
“Were you afraid of being rammed at
the time the turn was being made?”
“No. There was something said about
It, but I did not give It a second thought
from the fact that I knew they could not
ram unless they got wlthing my turning
circle.”
"Were you afraid of blanketing the fire
of our fleet by turning one way or the
other?"
"We might have done It by turning the
other way.”
"Had you turned with a starboard In
stead of a port helm, would such action
have advanced you so far as to bring you
Into the line of the enfemy’s ship?”
"Provided they had taken advantage of
It; that is to say If they had continued
on their course southwest straight for us
and had turned so as to bring them with
in our turning circle It would have made
ramming possible, certainly."
Mr. Hanna: "What was the conduct
and bearing of Commodore Schley while
under Are under such occasions, that you
had opportunity of observing?”
Schley Enthusiastically Brave.
“I always regarded him as an enthus
iastically brave and patriotic officer.
Never in any other way."
At this point the court took Its recess
for luncheon.
Continuing his statements after the
noon recess. Captain Cook said he thought
that if the engines of the Texas had
been backed, he would have observed the
movement, “although the Texas was quite
a distance from us.” He recalled a brief
conversation between Lieutenant Hodg
son and himself concerning the Texas
while the Brooklyn made Its famous
“loop." He said that on one occasion
Lieutenant Hodgson had called his at
tention to the Texas, and that he had re
plied by saying he saw the vessel. Hodg
son had afterward told him this entirely
reassured him. He never himself used the
expression "damn the Texas" to Hodg
son. On the contrary, he said, “I had
every reason to bless her."
He said he had not at the time known
of the change In the Brooklyn's log, In
which the entry had at first been to the
effect that the helm was put to star
board, and then changed to "helm aport.”
He remembered the addition to the log
and had consented that It should be writ
ten, but he had given Instructions that
there should be no change In the original
log.
In reply to a question by the court Cap
tain Cook said that he did not know of
any efforts that had been made to find a
landing place at Clenfuegos prior to the
arrival of the Marblehead. He also said
In reply to a question by the court, that
when the flying squadron started out from
Key West both Sampson and Schley
thought the Spanish fleet was at Clenfue
gos; that the strange conduct of the Adu
la Increased that Impression, and they
had thought the firing of guns there In
dicated the presence of the enemy. He
also said that Commodore Schley was en
thusiastic over being sent to the southern
coast of Cuba.
The court also asked about orders for
attacking the Spaniards and the witness
replied that there was no specific order
that he recalled, but that the general
order was to attack whenever the enemy
should be encountered.
In reply to the court Captain Cook
said that the Brooklyn was not using
full power on July 3, until just before the
Colon went ashore when the last engine
was coupled on. It would have required
a stop of about 25 minutes to couple up
all the engines which would, he said,
have been done If It was apparent that
the Colon was getting away. The wit
ness also said In reply to the court that
the Spanish ships had not turned to the
west when the Brooklyn began It maneu
ver.
No Ships Blanketed.
"The court asked what ships would
have had their fire blanketed If the
Brooklyn had turned with starboard
helm.
"Capt. Cook replied that ‘the fire of the
Texas might have been blanketed and
the movements of the Oregon might have
been lnterferred with.' "
"This," he added, "Is however an after
thought. I never thought of anything at
the time but turning the vessel to the
southward.' "
At Santiago the blockade had, he added,
been some five to six miles off the en
trance to the harbor.
Capt. Cook was then excused.
Mr. Rayner did no cross-examining,
Baying that he would desire to call the
captain later for examination In chief
for Admiral Schley.
Joseph Beale was called. He said he
had served as an officer on the Harvard.
He detailed tne meeting of the Harvard
with the flying squadron on May 27 when
that vessel carried five dispatches to
Commodore Schley from Mole St. Nich
olas. One was from Admiral Sampson
and the other four from Secretary Long.
The last one was from the secretary and
was received at Mole St. Nicholas at 8:30
a. m. May 26 and was the dispatch di
recting the commander of the Harvard
“to proceed at once to Inform Schley that
the department's Information Is that the
Spaniards are at Santiago. He read this
dispatch and also one from Admiral
Sampson saying that the Spaniards were
at Santiago. Both of these dispatches
he said was delivered to the commanding
officer of the Harvard by him.
Mr. Beale also said he had translated
Into cipher Commodore Schley's response
to the dispatch of May 26. He explained
the verbal changes In this message, say
ing they had been necessary because of
the fact that the code book did not cover
all forms of expression used In ordinary
English.
On cross examination Mr. Rayner ques
tioned Mr. Beale about the dispatches.
The witness said he had not known any
thing of the dispatches from the Navy
Department after having translated and
handed them to Captain Cotton of the
Harvard.
Schley's First Witness.
The last of the government's witnesses
were then excused and at 8:30 o'clock Ed
ward Nunez, the Cuban pilot, was called,
the first one of Admiral Schley’s wit
nesses.
Nunez said he had been a pilot for
twenty-one years In all the southern Cu
ban ports. He first met Commodore
Schley on May 26, having been taken to
him by the St. Paul. The Commodore,
he said, had asked him If he knew of the
presence of the Spanish fleet at Santiago.
He replied that he doubted It as he did
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not think the water was deep enough for
vessels of such size.
On July 1 he had gone on the Vixen to
the Cuban coast with a message for Gen
eral Caltxto Garcia, which he had deliv
ered to Colonel Cebereco. Commodore
Schley had sent him on this mission and
he had then been told by Cebereco that
the Spanish fleet was In the harbor. This
Information Nunez said he had carried to
Admiral Sampson under the direction of
Commodore Schley. The witness also said
that prior to going ashore June 1 he had
not seen the Colon. He said that his rea
son for thinking the vessels could not
get into the harbor at Santiago was that
such large vessels As those of the Span
ish fleet had never before been seen there;
he thought the habor both too narrow
and too shallow. Nunez was then ex
cused and the court adjourned until 11
o'clock tomorrow.
REPORT8 ON LABOR TROUBLE.
The Gravity of Tampa Situation Can
Scarcely Be Overstated.
Tampa, Fla,, October 14.—United States
District Attorney J. N. Stripling who has
been here several days Investigating the
labor troubles, especially the recent de
portation of Reslstencla strike leaders,
and with a view to adjusting the differ
ences, made his report to the attorney
general at Washington today. He de
scribes In detail the trouble between the
striking clgarmakers and the manufact
urers and declares "the gravity of the
situation can scarcely be overstated.” The
report reads;
"Upon my arrival at Tampa I met a
committee and requested their co-opera
tion In keeping down any violations of
the laws of the United States.
“It was generally admitted that a num
ber of the most prominent agitators of
the strike had been compelled to leave
Tampa. It was also represented to me
that the strikers had themselves com
pelled a number of their own members to
leave on account of the Influence they
were wielding In favor of a cessation of
the strike, but It was unable to obtain
any evidence to Identify the Individuals
who committed these acts of lawlessness.
I conferred freely with members of the
Board of Trade, with representative cit
izens, and with the executive committee
of the Reslstencla Union, which Is con
ducting the strike, but was unable to ob
tain any evidence of violations of the
laws of the United States.
RUN ON*A BANK.
Fidelity Trust Company of Buffalo Haa
Deposits Withdrawn.
Buffalo, October 14.—A run on the
Fidelity Trust Company, a state banking
Institution, began today. A long line of
anxious depositors stood for hours wait
ing to withdraw their money. Extra pay
ing tellers were Installed and their win
dows were kept open until 4 o'clock.
Prominent bankers and business men
say that the rumor which caused the
run Is groundless and that only small
depositors are withdrawing their ac
counts. Several large deposits were
made during the day by business houses
and large sums of money were sent to the
Fidelity Company’s offices by local banks.
The Erie County Savings Bank vol
untarily turned over $260,000 In cash to
the Fidelity Trust Co. The Maine Bank
alBo sent In $100,000. The money was ac
cepted but not as a loan. New York
drafts were sent to the two Institutions
for the cash. At the close of business
today President Forman stated that the
withdrawals exceeded the deposits by
only $60,000.
The statement oi the Fidelity Company
issued on October i, shows recources $2,
725,648.
PERSONAL
F. P. Leigh will continue In his posi
tion as manager of the Morris Hotel, In
which he Is deservedly popular; being
greatly liked, by the local public and
traveling men for his unfailing courtesy
and olvlllty.
Policeman J. B. Burke leaves this morn
ing for Richmond, Va., where he will
spend his ten days' vacation with a sister
whom he has not seen in twenty-eight
years. Policeman Joseph Cunningham
has returned from a ten days' trip to
Vincent, Ala.
Capt A. J. Tarrant, chairman of the
Board of Revenue, was taken suddenly 111
yesterday, i^ate last night he was report
ed better.
G. B. Burkhalter, who has been quite
111 for several days, was able to be out
on the streets yesterday for a short
while.
ALABAMA’S GUN INJURED.
Shell Explodes Within Bore, But It
Can Be Repaired.
Washington, October 14.—In regard to
the report that one of the forward 19
lnch guns of thb battleship Alabama had
been disabled In the reoent gun tests off
the Virginia Capes rear Admiral O’Neil,
chief of the naval bureau of ordnance,
said today that? the Injury is not a se
rious one, that the gun will not have to
be taken from the ship, and that at pres
ent the bureau does not contemplate mak
ing any repairs on the gun at all as Its
usefulness has not been Impaired.
Admiral O'Nell says that a shell ex
ploded within the bore of the gun and
Bcarred It somewhat but did no serious
Injury.
Thirteen Miners Burned.
Tunnelton, W. Va., October 14.—By
an explosion In a mine here today thir
teen miners were burned, five prob
ably fatally. The following are prob
ably fatally burned: William Haney,
Peter Spikes, Chester Buckley, Earn
est Cross and Prank Dodge. These
had the flesh burned so thpt It was
hanging In shreds from their faces and
hands and exposed parts of the body.
The eight other miners were painfully
burned.
TO CURE A COLD IN ONE DAY
Take Laxative Bromo Quinine Tablets.
All druggists refund the money If It falls
to cure E. W; Grove’s signature Is on
each box. 26c. 9-24-7m-tu-thur
Special Rates to Selma, Ala., Via
Southern Railway.
Account of the Elks’ Street Fair and
Carnival. Selma, Ala., ctober 14 to 19.
the Southern Railway will sell tickets to
Selma and return October 14 to 18th In
clusive at $2.89. with Anal limit October
20, 1901.
For further Information, call on
C. E. JACKSON,
Traveling Passenger Agent, Birmingham,
Ala. _ 10-14-Bt
Mrs. Winslow’s 8oothlng Syrup
the best remedy for DIARRHOEA. Sold
by druggists In every part of the world.
Be sure and ask for "Mrs. Winslow's
Soothing Syrup," and take no other kind.
Has been used for over FIFTY YEARS
by MILLIONS of MOTHERS tor their
CHILDREN WHILE TEETHING, with
PERFECT SUCCESS. It SOOTlia the
CHILD, SOFTENS the GUMS, ALLAYS
all PAIN. CURES WIND COLIC, and Is
Twenty-five cents e bottle.
BELGIAN CONGO
GOVERNMENT BAD
CONVENTION OF CHRISTIAN FOR
EIGN MISSIONARY SOCIETY
BEARS ADDRESS FROM MR. FAR
RIS— MARK TWAIN IS BLAMED.
Minneapolis, October 14-—'The annual
convention of the Christian Foreign Mis
sionary Society opend today In the ex
position auditorium, with President Mc
Lean In the chair. The attendance Is un
usually large, among the delegates being
a number of missionaries, home on fur
lough. The principal address of the morn
ing session was delivered by F. F. Far
1s, a young man who haa spent the last
few years In missionary work In the Con
go Free State.
Mr. Farris was severe In hls denuncia
tion of the Belgian government which
administers affairs In the Congo claiming
that the government was corrupt from
top to bottom. He had seen natives shot
for falling to turn In their per capita tax
for rubber, even when they lived In dis
tricts which produced none of that com
modity. Furthermore, government offi
cials did everything In their power, un
officially to hinder the missionaries In
their work.
The treasurer’s report showed receipts
during the year amounting to $171,888, a
decrease when compared with the col
lections of a year ago.
President McLean said that Mark
Twain was directly responsible for the
falling off.
INCREASED CAPACITY.
Improvements at the Warner Mines
Make Output 1,700 Tone.
Warner Mines, October 14.—(Special)—
The dally output of the slope here Is be
ing increased, new machinery Is being put
In and pending the Improvement work In
the mine Is suspended. Superintendent
H. Lent has made many improvements
since he assumed charge. Increasing the
dally output from 1,400 tons to L700. Su
perintendents from other mines have been
here to see the new Improvements and
system. The Republic Iron and Steel
Compahy has the largest mine In the
South, over five hundred miners being
employed In the elope. With the Improve
ments being put In the dally output will
amount to 2,000 tons.
BIRMINGHAM TURNED DOWN.
Mr. McClary Falla In Effort to Get
8treet Railway Convention Here.
Robert Jemlson and J. B. McClary of
the Birmingham Railway, Light & Pow
er Company have returned from New
York where they went to attend the an
nual meeting of the American Street
Railway Association.
Mr. McClary Is third vice-president of
the organisation and worked to havo
Birmingham selected as the next place
of meeting. Detroit waa chosen, but Mr.
McClary has hopes of getting the conven
tion here In 1903.
BONU8 o'f $50,000.
Huntsville Will Raise This Amount to
decure Machine 8hops.’
Chattanooga, Tenn., October 14.—
The Huntsville Chamber of Commerce
proposes to raise a bonus of $50,000 to
secure the location In that city of the
machine shops of the Memphis divis
ion of the Southern Railway. General
Manager F. 8. Gannon has notified the
Cnamber of Commerce that he will
consider the matter of location. A
special committee Is today preparing
a proposition to submit to the road
concerning the construction of the
shops on land already owned by the
Southern.
WITHDRAWS REWARD.
Cudahy Pulls Down Price on Pat
Crowe’s Head.
Omaha, Neb., October 14.—Edward A.
Cudahy today withdrew the reward of
$25,000 which he offered ten months ago
for the arrest of the abductors of hls son.
At the suggestion of Mr. Cudahy and
at the request of Chief of Police Dona
hue It la expected the city council will
withdraw Its offer of $25,000 for the arrest
of the kidnapers.
KING FOR NEW YORK.
Lsopold Will Visit That City Seeking
Information.
Antwerp, October 14.—King Leopold
has decided to visit New York. He
announced this at an Interview grant
ed to the Burgomaster Saturday.
His Majesty expects, among other
advantages, to get in the United
States many suggestions from the
shipping arrangements which will
prove beneficial to the ports of Bel
gium.
Bank Cashier Indicted.
Brownsville, Tenn., October 14.—R.
H. Alderson, late cashier of the Hay
wood County Bank, which failed sev
eral days ago, was Indicted today on
two counts by the grand jury. The
Indictments charge the'. willful and
felonious receiving of deposits after
having reason to know of the bank’s
Insolvency. The prosecutors are two
business men of this city, both of
whom claim to have made deposits
shortly before the bank closed Its
doors.
Constipation Is the rock that wrecks
many lives; It poisons the very life
blood. Regularity can be established
through the use of Prickly Ash Bitters.
It Is mildly cathartic and strengthens the
stomach, liver and kidneys.
NOTICE TO CREDITOR8.
State of Alabama,
Jefferson County.
By virtue of a decree rendered on Sep
tember 28, 1901, by hls Honor. John C.
Carmichael, as Chancellor in Chancery
Court of Jefferson County, Alabama. In a
certain cause pending In said court, to
wlt: Peris L. Smith, et al., vs. Lewis C.
Morris, as administrator In which said
cause John H. Miller was appointed as
receiver of Smith & Montgomery Book
and Stationery Company; now, therefore.
In accordance with Bald decree, notice 1b
hereby given to all oredltors of said
Smith & Montgomery Book and Station
ery Company (a corporation), and all per
sons having claims of any kind against
said corporation to present the same to
the said receiver duly verified at hls of
fice, 2103H Third avenue, north, In the
city of Birmingham, Alabama, on or be
fore the 28th day of December, 1901, or
the same will be forever barred.
JOHN H. MILLER,
As Receiver of Smith A Montgomery
Book and Stationery Company.
10-12-S0t
BE WISE.
Uie a Gas Stove.
A GREAT MAN'S IDEA
ENIUS, as Ruskin defines it, is simply
a superior power of seeing. Have you
the genius to see how important an
element in the success of your house-keeping
is the use of Ivory Soap? Judged by the work
it does Ivory is the cheapest soap in America
to-day. It is harmless. Embroideries, laces
and delicate stuffs should be washed only
with Ivory Soap.
----
WATCHING ANARCHISTS.
National Bureau of Identification
Wants Congressional Aid.
Cincinnati, October 14.—Chief of Po
lice Deitsch will leave tomorrow foi
Washington to attend a meeting of the
National Bureau of Identification. Al
this meeting the formal transfer ol
the bureau from Chicago to Washing
ton will be made and a new superin
tendent will be elected.
The chief work, however, will be the
consideration of a plan matured bj
Chief Deitsch for a legalized scrutinj
of the movements of the anarchists
The plan contemplates legislation bj
Congress recognizing the bureau so
that the police of the whole country
may enter together In watching the
movements of anarchists with a view
of frustrating their evil plans.
A Cudahy Kidnaper.
Dallas, Tex., October 14.—H. C. Hen
derson, who has been In the Dallas Jail
for a year and a half, and who claims
he assisted in the kidnaping of ESddie
Cudahy at Omaha, Nev., In December,
1890, was today sent from Dallas to
the State penitentiary. Henderson
was a year ago convicted of swindling
in several cases and now goes to serve
thirteen years in the penitentiary.
BIRMINGHAM, I
BUFFALO AND NIAGARA FALLS
Double Dally Train Service
i Low Rates and Through Pullman Sleepers
VIA THE ,
Queen &Crescekt
ROUTE
^ AND CONNECTING LINES.
Through Sleeper leaves daily:
BIRMINGHAM. V 6 SO pm 8 45 am
CHATTANOOGA. , , 10 40 pm 10 00 am
CINCINNATI, . . 8 10 am 7 30 pm
Arriving BUFFALO (Big 4 Route
and Lake Shore) next day at 7 80 pm 10 30 am
DOUBLE DAILY train service New
Orleans, Birmingham, Macon, Chatta
nooga and other points South to Cincin
nati. Close connection at Cincinnati with
s all lines to Buffalo and other points North.
Pull Information U to Schedule*, Hotels, Rates, U
Checking of Baggage, etc., can be nod by address- Is
tog O. L. MltcnelT Div, Pass’*f Agent, 107 W.
Ninth St. (Read House Block), Chattanooga, or
calling on tickst agents.
W. d. MURPHY, W. C. RIME ARSON,
OCM’k MANAGER, GKN'L PASa'O* AOSN*
I CINCINNATI. ^ N
”B*naSaKaMBBIIMaaHg3naBMMMOMaBBaMMMMBBBaRgr(l»dUlfl'TI IIHIRi 11 III———