Number 271 i HINTING- AT A CONSPIRACY Mr Jerome Gives Warning Ile gnrtlitu a Certain Transaction Declare He Ilnx roe for Ills Life nm Tlint He 1h Well Informed Ann ik r the Teiielerlolu Wurilmcn 1hc1 Miepard Hcplic to Mr Uluch NEW YORK Oct 29 At a meeting In Conrad Steins Garden on West rift -seventh Street tonight Justice Jerome made some remarks which were I erhaps the most significant he has made through out the campaign A little oratorical flight of the chairman of the meeting gave Justice Jerome his cue The chairman told about the monument to Nathan Hale In City Hall Park and after repealing Hales last vords said If Justice Jerome should lose his life in this fight I know that his last words would be that he regretted that he had but one life to lose tor his cits Then Justice Jerome got up He said as a preliminary to his add rss As far as losing lfe is concerned I want to bay right now and I hope the newspaper bojs will get It so that It may be understood bj those who appar ently do not understand the extent ot my Information that 1 am perfectly cognizant of the transactions that hae taken place between Edward Glennon and Mr Devan ney of the Nineteenth precinct and a cer tain gentleman named Blink McCovern and all that crowd there Now as far as losing my life Is concerned 1 value it very much and hae a great deal more use lor It I hope jou will put me in olllce so that I can use it In jour business too and then I think jou will see that it was worth saving We know Its w orth sa ins judge jelled the crowd Well protect jou well elect jou After this meeting the reporters asked Justice Jerome what he meant by the hint at a conspiracy on the part of the uenuenoln warumen anu mink jicuov cra He replied that he had said all that be could on that point in his speech Edward 11 Shepard made a speech to night at Carnegie Hall bo did John B Stanchfield who was the Democratic candidate for Governor last fall Both Mr Shepard and Mr Stanchlleld had much to saj about and against Black who spoke from the same platform In the interests of Seth Low on Monday night and called Mr Shepard a man In stocking feet who was put into the window of an honest mans house by the gang outside because If caught he w ould look innocent and new to the busi ness Mr Blacks speech seemed to have dis pleased Mr Shepard and Mr Stanchlleld ery much Besides assailing Black quite vigorouslj Mr Shepard denleu that he was sixty jcars oid as Mr Black has Intimated and asserted that by theTrovisIona of the new charter he would be perfectly able to be the w hole government of the city no matter how bad his associates In oflice were Ho poked tun at the SteeMcrs and assailed John C Shechan and Jacob A Canton by wSy of answering the repeated enquiries Mr Low has made as to Mr Shepards opinion of I rromme and Henri W Tinger and said that he would throw out of oflice any Tammany Hall leader who I was caught at any dirty work oven though by so doing he did disintegrate Tammanj Hall i Theodore W Myers presided at tne meeting which was held under the aus 1- ces of the Business Mens Democratic Municipal Association B the time the list of vice presidents had been read men were standing three deep at the back of I the halL I Mr Shepard made this statement with i regard to the problem of what would be- i come of the pledge not to use the powers or ms oiiice to disintegrate lammany nan if he found a crooked Tammany man at work To that 1 answer that if I am there and a Tammany leader or a Wlllouglby Street leader or any leader of my own party in oflice Is corrupt or Inefficient and If he is not sincerely lojai to his duty under the powers of the major I make a vacancj there at the first moment- Now let me ask Mr Low a ques tion of mine Even in Tammany Hall there may be some remnant of virtue Suppose by poslbility among those dozens of Tammany leaders or heads of bureaus or departments It wont do to imagine more than one President Low tells u but Imagine one who Is faithful and honest and respected but has that chocking misfortune to lie a Tammany leader Imagine him at the head of the department President Low and Imagine jourself major will jou retain hlra be cause he Is honest and efficient although be is a Tammany leader Answer mo that POLICEMAN SHOT BY THIEVES Killed After He Had Slain One o2 the Robber EAST ST LOUIS Oct 29 W Brown b special policeman emploj ed by the Van dalla Railroad Company was shot and killed by car thieves this afternoon after having killed one of the robbers The tragedj occurred at Forest Lawn three miles Fouth of this city Brown received information shortly af ter noon that thieves were robbing the cars of the Mobile and Ohio Railroad for which line he had formerly been a spe cial officer Boarding a switch engine he hurried to the scene Upon searching among the cars Brown found blx tramps loaded with plunder He demanded their surrender hut the rob bers drew revolvers and began shooting at him In an Instant he had his own pistol out and returned the fire of the men His first shot went through the bead of one who fell dead Before Brown could pull the trigger a second time a bullet hit him In the chest and ho rlunged forward alongside the man he bad killed Railroad men attracted by the firing hurried to the scene and started In pur suit of the fugitives capturing tvo of them in East Carondolet Three othe s got away and are supposed to havo crossed over Into Missouri Brown was forty liver yesars old nnd leaves a widow and several children Forest Lawn where the tragedy occur red Is the place where several Mobile and Ohio trains have been held up It Is five miles from telephone or telegraph com munication THE GEBHARD ALIMONY DetnilM Sold to lluvc llccn Arranged Last April SIOUX FALLS S D Oct 29 It Is larued tonight from the best authority that the alimony in the Gebhard divorce case was in reality settled before Geb hard carre to South Dakota last Apill According to this information he and his wife mutually agreed to separate some months before he thought of com lng to Sioux Tails to obtain a divorce nnd at that time he placed in the hands of trustees In New York City a certalnsum of money the exact amount of which Is unknown thi Interest upon which should be paid to Mrs Gebhard during her life During the brief time that Mre Gebhard was In Sioux Falls last Saturday there were no money transactions between her and Mr Geb haid except the payment to her by him of the J1C00 awarded to her by the court to cover the costs of her trip to Sioux Tails attorneys fees etc Nothing whatever was done here In ref erence to the question of alimony which bears out the statement that this mat ter was settled before Gebhard came to Sioux Falls According to this same the New York residence of the Gebhard was not Included In the oll monj as has leen reported Had It been the deed would have gone on r cord pi lor to last April when Giahard came to South Dakota X7Iynu Bulne Cullejre Stli uuil IC Buiinco Shorthand TjpeKritlnz ja a Jtlt lOO Doors 1 1 2 luck thick by f Libbcy Co 6th sod N Y are Wat THE COUKT AT HOHAN ETT The Emperor flenches lie Ancient Cniiitiil of Chliin PEKING Oct 29 The Emperor has ar rived at Honan fu the ancient Chinese cipltil and has gien an audience for the city officials An Imperial post route has been estab lished to Kilfeng fu to meet the require ments of the Court during Its temporary stay at that place The Chinese will not act in the matter of meeting the competi tion of foreign postoflices In China which during the last jear has resulted In act ie mutual rlvalrj but will maintain their individual policj of extending their pottul sen ice in all directions In the In terior The proposed Japanese crvice up the Xangtse Kiang to Chungking Is the onlv action the foreigners hae taken In the interior Sir Robert Hart director of the imperial maritime customs Is pushing a post route north from Hankow In ad ince of the PkIng llinkow Railvvaj to connect with Kalfeng fu BOERS DETERMINED ATTACK Dclarej nutl ICemp IlepitlMed Onlj After ex ere Plrclitinu LONDON Oct 29 General Lord Kitch ener reports that General Methuen re ort3 that the Boer commandants Dela rey and Kemp attacked Vandonops col umn on October 21 near the Great Ma rten River The attack was made with great determination nnd was repulsed aft r severe fighting The Boers left for tj dead on the field Including Comman dant Oosterhujscn Two British officers and twcntj slx men were killed and live officers and lift men wounded The Boers captured eight wagons General Trench reports that the Boers In the eastern part of Cape Colony con tinue to avoid his columns General Kitchener cables the War Oflice from Pictcrla that since his last weeklj report of October 21 74 Boers hav e been killed 10 wounded 332 captured and there have been 45 surrenders Lord Kitchener also confirms the previous report of Gen eral Bothas narrow escape from being captured BOTHAS CAMP SURPRISED The lloer Lender AkuIu Elude the British PRETORIA Oct 29 Remingtons col umn surprised the laager of Genera Bo tha the Boer commander-in-chief General Botha succeeded in making his escape a few hundred jards In advance of Remingtons men leaving his hat and revolver behind Bothas papers were se cured ORDERED OUT OE PRUSSIA A Anturnllzeel American Expelled for Evading xuiltur fcerv lee BERLIN Oct 29 Joseph Herrings a naturalized American who was war corre spondent for the Staats Zeitung in Cuba in 1S9S and who also acted in China last jear for American Journals has received notice cf hls expulsion from Prussia The notice was first given out in July the ground alleged being evasion of military service In 1SS3 when he was sentenced to a months Imprisonment after leaving the countrj This sentence was annulled by the Bavarian Government in the amnesty of 1S9G but the Prussian police assert that even if the amnesty holds good it onlj cancelled the punishment and not the of fence Mr Herrings lately received no tice to quit Prussia before November 1 CONCESSION TO BE RATIFIED Trench Cabinet to Act In the Matter of 31 Einpuln PARIS Oct 20 It is said that the Cab inet at Its meeting tomorrow will ratify the concessions for rallwaj construction made to M Empaln in return for his ad vance of the to complete the con struction of the Jlbutil rallwaj which would otherwise fall under English in fluence TO AID ERENCH SHIPPING M MIHernnil Declareit Bounties to Meamer the Only Remedy PARIS Oct 29 M Millerand Minister of Commerce today Introduced In the Chamber of Deputies a merchant shipping bounties bill In reviewing the decline of French shipping he contended that the only remedy was to withdraw the boun ties from sailing vessels and give them to steamers The bill would give Trench built vessels a bounty of 227 francs per ton which would be equivalent to rather more than 50 per cent on tne cost of construction KOREAN LOAN DENIED Deelnreel In ToUU Thnt Jnpun Him ot Ailvunced Muuej LONDON Oct 30 A despatch to the Times from Tokyo says that the report of a Japanese loan to Korea Is absolutely untrue TO RELIEVE DEPRESSION Tlie AuHtrlnn Government Propemen to Place Extcnulve Order VIENNA Oct 23 Speaking In the low er house of the Relchsrath the Prime Minister Dr Koerber said that In vir tue of the reproductive works bill and the budget estimates extensive orders had been or would bo placed with the various state departments to the value of 123030 000 kronen This step Is taken with a view to re lieving the prevailing Industrial depres sion The Premier appealed to the house to co operate with the Government DUKE DABRUZZIS VISIT A Report That He Will on n arfthlp ROME Oct 29 -The Unite publishes a version of the visit of the Duke dAbruzz to the 1nlted States which Is to the effect that he will take eoimnnnd of a swift cruiser at the beginning of next jear and make a fourteen months cruise along the American coasts THE FIRST STATE FUNCTION Openliifr ejf Parliament Likely fo ile XVIth Pull Ceremonial LONDON Oct 29 The World states that It Is probable that King Edward will open Parliament on January 23 This will be the first full state of the Kings nlgn as the period of court mourning terminates on the previous daj which will be the of Queen Victoria death To feuceied ir John ln LONDON Oft- 29 -Arthur Rlchinl Jelf IC C has been appointed Judge of the Kings bench division of the High Court of Justice to succee d Sir John who recentl retired Safety Illejcle Inventor Dead LONTON Oct 29 3 K the Inventor of the safety blcjde died at Coventry- todaj orfolk A XVnublneton Vtcnmlioat Co Dcllihtful trips Sally t SO p rn from toot Tth it to Old Point Jiorfoll Virginia Uueh ind Newport cJ General Tlcttt Office Horn Dldg Hill t and X Y ave Ilione naxj IS inch ltrlclit Board ljtl50 per IOO ftct at Cth and K Y avc sHuf If JL ASHIXGTOX WEDOTESDAT OCTOBER 30 1901 NO MORE TROUBLE FEARED Danger From Kate Kiots Over at Live Oak Church La Local Sheriff lclcKraphN That Tiooiin Will t Ile eedeel Tin True Mary of the Battle lletnecn NiKrucn and the 1OHne on Monday NEW ORLEANS Oct 29 Governor Heard received a teltgram from Sheriff Simmons of Washington today an nouncing that the trouble In that parish was over that ho was In control und able to preserve peace and order and that the troops he had asked for were not needed The First Louisiana Cavnlrj and the Louisiana Field Artillery which were under arms ready to leave for Balltown today were accordingly relieved from dutj The truth as to the affair Is at last coming out Live Oak Church where the riot occurred Is a part of the Balltown settlement the negro quarter and onlj two miles from Balls store It is twenty miles from the nearest town or telegraph sta tion The news that came through jes terday was brought mainly by refugees who left the scene of trouble during the excitement and who were so badly fright ened that they did not know what had occurred A large number of ne groes took refuge at Lumbcrton Miss which Is Just across the Pearl River from Balltown and some lied to Marlon Coun tj They Eeemed frightened to death could not give coherent stories and as a general thing did not tell the truth Henco the confusion as to the news The facts as now brought out are as follows- A negro camp meeting was held at Live Oak Church beginning on Sunday pre sided over b the Rev John Connelly and the Rev William Duncan There were about 500 negroeb present a majority of them being trom the turpentine orchards along Pearl River and the lumber mills at Lumberton and Booth The conserva tive white citizens had advised the ne groes against holding a camp meeting because or the bitterness which existed growing out of the burning of the negro Bill Morris on The whites were bitter because of Morris crime the negroes because of his Ijnchlng In spite of this advice the camp meet ing was held it developed a vcrj uglj feeling The Rev John Connellj devoted his sermon on Sunday morning to a de nunciation of the ljnching and burning of Morris and declared that such things must cease and that his congregation should stop them Next to the church was a restaurant and barroom operated In a small shanty by a negro named Jo seph Crealot a worker In the turpentine orchard at Booth Ia and a recent Im migrant to tnat section irom Aiaoama It is said that a great deal of whisky was drunk in the Crealot barroom and that some of the negroes were more or less In toxicated and Indulged In denunciations and threats against the whites They evidently expected trouble for manj were armed with shotguns and other weapons but whether thej came to th camp meeting so armed or armed thmselves afterward Is unknown Somo of the guns were stored In the chuich some in the Crealot restaurant The ser mon preached b Connellj and the threats of tin- negroes spread through the neighborhood and caused some apprehen sion among the whites who were afraid that If the negroes got drunk they might start a race war The constable of the ward therefore headed a party of thrty flve armed white men who determined to go to the camp meeting and break it up on the ground thn Crealot was selling whisky without a license A pOBse rode to the camp meeting and marched Into Crealots restaurant The owner refused to show a license or to submit to arrest The posse being threatened one of the sheriffs fired This was a signal for the negroes to respond and the posse was fired on from several directions and four white men Joe Seales Charles El liott E II Thompson and Joseph Mc Wllllams were killed or mortallj wound ed The posse retreated from the restau rant and as shooting was kept up from It It was set on fire Joseph Crealot and his son William Crealot were finally driven out by the flames and shot by the pose as thev rushed from the burning building Crealots wife Julia his daugh ter Josephine and another nego woman and chllii whose names are unknown re mained In the shanty rather than face the mob and were burned to death When the firing at the restaurant began the Rev John Connelly came to the front of the church armed with a musket He was shot down and the mob which had Increased In number to nearlj a hundred turned their attention to the church fil ing volley afier volley Into It and the negroes broke at the first shot and made for the woods In all directions Four of them were killed in addition to Conrelly In endeavoring to escape and a dozen were wounded Several negroes were cap tured among them Duncan while fleeing from the church The shooting lasted not over half an hour There was no resistance on the part of the negroes except at the Crealot res taurant When the shooting was over the vhltes ccllected the bodies of the negroes and the prisoners were compelled to dig graves in which to bury them The prisoners were then turned loose and fled to the Mississippi side of Pearl River Several of them were publicly whipped at Limberton The news of the shooting spread through the neighboring county in a very exaggerated form and resulted in somo three or four hundred armed white men gathering at Balltown Sheriff of Peary River Count v Miss sent a squad of deputies to assist In preserving the peace Sheriff Brnnton of M irlon County Miss nlso came llh a force ef deputies and Sheriff Simmons of Washington Parish La hastened from Frankllnton with a confcerable force It was fenred that the friends of the white men who had been killed would demand rigorous punishment of the negroes and lldc Into the negro settlements to secure revenge The authorities report that the deaths on account of the race troubles number seventeen two whites Constable Joe Seal and Charles Ellott and fifteen ne groes elev tit men three women and one child This evening the Rev W Bennett Bap tist minister and member of the leglsl 1 ture from Washington Parlsn got togeth er seventj llve negroes at Live Oak Church the scene of the shooting and ad dressed them The netjioes announced that thev would eck no revenge either because of the Morris- Ivnchlng or the shooting but would let the matter drop The whites also announced that they would not Interfere with or molest the negroes Pence Is restore 1 but a p isse under the sheriff Is still patrolling the parish to rrevent any new outbreak ELEPHANTS IN A WRECK ClreiiH Train Huum Into u TrelKht eltr llatoll lteitlire NEW ORLEANS Oct 13 rorepaiigh c Sells Shows which left this citj last night were wrecked bj running Into a freight train one mile this side of Rouge at noon tod ly Four carloads of animal cages wen wrecked Including a carload of elephants None of the smaller animal cages wi torn open but the elephants were turne loose In the country They were afterward corralled 111 driven Into Baton Rouge Thru- mer were hurt Gift Trom 1 II Itoekefeller BERLIN Oct 29 John D Rockefeller has given J10000 toward the fund for building an American rhurch here The fund neiw amounts to 30000 nnd work on the building will begin at once riniruc nt Ili erpeml LIVERPOOL Oct 29 Two recent iues tlonable deaths here have been officially certified to have been caused bj bubonic plague Three doubtful cases have btcn Isolated UreHNril Common Lumber lllo per 100 fett by Frank LUiuey 4 Co BOGUS CENT COINERS CAUGHT A Gnnir of Counterfeiters Arrested in Throe Cities NEW YORK Oct 29 Unlted States Secret Service agents made arrests todaj in three cities of members of a gang ot counterfeiters who for a jear or more have been floating counterfeit pennies The counterfeiting plant Itself which up to two months ngo was operated In the attic of a house on Fulton Street Brook ljn was seized in Boston and at the same time William Welner and Israel Usher both of whom formerly lived In this cltj were arrested In Brooklyn Michael Levlne a Jeweler at 107 Osborne Street was arrested by Secret Service men and locked up in Ray mond Street Jail and Henry Lcrncr and Rosa Lerner his daughter were arreotcd In Baltimore The latter were both fugi tives from justice having been under In dictment here since last February Levlne was held United States Commissioner Morle In J5000 ball and Lerner and his daughter by Unlteel States Commissioner Shields under J500 ball each Secret Service agents have been nt work on the case for over a year but these are the first arrests of any importance The first clew to the gang was discovered when In last Fannie Lerner the twelvo j ear old daufrhter of Henry Ler ner was arrested In a Chinese store in Mott Street this city for attempting to pass twenty five bad cents The klrl was Indicted and pleaded guilty Sentence upon her was suspended by Judge Thomas The Investigation of her case however leel to the Indictment of her father a Jewelry peddler who lived at 111 Stanton Street and his daughter Rosa Some time ago It was learned they were In Balti more but as they were wanted for pass ing the coins only and not for making them were not arrested until the Secret Service men got the coiners Agent W D Fljnn In charge of the United States Secret Service In this city considers the arrests of great Importance MISSING COLLECTOR FOUND W II Smith Returns to McKeesport Breikcn In Tllnd McKEESPORT Pa Oct 23 William II Smith McKcesports missing tax colA lector was brought home broken in mind by his pastor the Rev J A Max well of the Flrst Baptist Church Mr Maxwell found Mr Smith at the postofllce in Baltimore jesterday afternoon Mr Maxwell arrived In Baltimore on Monday mcrnlng and about 2 oclock went to the jiostoflice where after a wait of about half an hour ho found Smith who enme to post a letterto his son In this city Mr Maxwell induced him to return to thi cllj Smith had not tasted food since he left here last Thursday and he was m a pitiable condition It Is not likely that any action will be taken against Smith as he is gulltj of no particular crime ex cept changing the assessments of a thou sand or more citizens The cltj asses sors say that Smiths corrections of as sessment were right in cverj particular Morally he did right although legally he had no right to change any figures in his books even though he knew them to be wrong1 The Smith family issued a statement this morning lo the effect that any per son believing he had been wronged by the collector could makc known his claim and It would itisfled in full Immediately TO BE TREED INmARYLAND Governor Stone Honors the Ileeinlsl tlon for the Slilro Brothers HARRISBURG Pa Oct 29 Governor Stone has honored the requisition of Gov ernor Smith of Marylar for tho return to tnat State of Mej er Sip- Bennett Splro Emanuel J Splro P o Hart and Benjamin Hart who are charged with conspiracy to defraud certain firms in Frederick Baltimore and New York The Splros did a merchandise business In Waynesboro Franklin Counts- ana after jcars of business established a credit On the strength of this thej se cured manj thousands of dollars worth of goods from wholesalo firms and then failed On taking an account of stock their creditors found verj few goods and on Investigation it was ascertained that great quantities of goods had been ship ped to Baltimore where they were stored for future use The men were arrested in Waynesboro and confined in the Chambersburg Jail to be taken to Frederick Md for trial Governor Stone was asked to honor the requisition to which objection had been made and after argument he de cided to order the warrant to Issue The Splros will go to Maryland for trial It Is said the victims of the conspiracy num ber nlneti two The Governor has also honored tho requisition of the Governor of Kansas for Irving Blllman under arrest In Reading charged with smbejyllng money in Leav envvorth Blllman was a collector for a business firm CRIME OF A JEAL JS MAN Slurelered III Mepilnuehter nnd Then Committed Suicide ST LOFIS Oct 29 Henry Schroeder of 3301 North Eleventh Street today kill ed his stepdaughter Katie Klrst nd after attempting to murder his other stepchild Henry Klrst aged eleven ho seni a bullet through his own brain Death resulted Instantly About 2 oclock in the afternoon Schroeder returned from work To his neighbors he announced that he was go ing up to the Amtfc School a few blocks from tho house to see his children Katie and Henri Klrst -were playing about the jnnl with the other pupils when the father walked up to them I want you to como home he said I have something to tell ou Taking little Jvatle by the arm he led her from the jnrd and the boy followed As they reached the house Schroeder ltd the waj upstairs With the two children hurried to the kitchen and drawing Katie alongside of him pulled a revolver from his poeket nnd fired The bullet pierced the child h heart nnd she bank on her knees to the floor Henrj as lie saw his elster fall rushed from the father who was levelinff the revolver a seeond time Mrs Kutherine Re decker grandmother of tin children hearing Katies screams hurried Into the room Schroeder push ing the ageel wamin aside shot at the boj the bullet grajlng his grandmothers luid Henry nianiged to get the door 1 ien und nn to the porch scr aming Tor help Schroeder followed quickly nnd lireei mother Phot that went wide of the fining bov ti then re enjered the hoise and sreteh p himself n oss the bed In the iiildd e of the roon fired n bullet through 1 right tmpl Mrs Redecker said Schroeder vvss jealous of the affectlon shown the ehllurvn by their mother A Temporal rj Preneli lolin PARIS Oct ID The Government has arnnged a temporary luan from the fr neh banks to cover lt present wants h banks will - upald from the funds iid throuah the Chinese 10 ti IlulTnlo nnd Return la II V O It It ec l u TukiU good leav fn IVaAlungton 7 05 a in arriving lluffalo 0 Id p in fame day Good to return within 4tven data Tliroush parlor cars Koutc vu Philadelphia thence lehigh allev List cxeurtlon ro11 IWiblnalon llooriiiir oul IJllT per IOO ft nnd all S Inth face Lit bey i Co Wimt CAPTAIN LEMLY TEDIOUS Grows Wearisome in His Cross aininitioii of Schley Sir Sinj Inn Cnrefnllj Prepared In terroKutorlcH Ised an n Bals for Innumerable Question The Ap Jillciint UildlKturlieil by the Tire some Ordenl Little ProRrexK Made I the JiiilKe Advocate The lnc Llkelj to Last Some Time at the Present Hntc Spcctnteri Leave Tor almost four hours jesterday Ad miral Schley was under the cross fire of Captain Iemly at the Court of Enquiry The Judge advocates Interrogatory shots prepared at the Staj ton Crow nlnshleld question factory however caused as little harm as did the steel projectiles fired by the Spaniards at the admirals flagship Not once did the commander of the Squadron turn In caitiff Idght With remarkable patience he withstood the long tedious questioning the major portion of which had only the most remote connection with the subjects of the enquiry and a great deal of had no bearing upon the points In the pre cest whatever It seemed to the spectators if not act ually to the Court itself to be merely a matter of phjslcai endurance Admiral Schley had an answer or an explanation for ejvery question with the exception o some trivial things which It would be impossible for cny man to remember af ter a lapsS of so long a time to say noth ing of a commander who had so many other things to occupy his attention Mr Rayner sat quietly by during the entire day and let the Judge advocate run on llko Tennj sons brook Onlj two or three times did he interpose and then it was not to throw a bowlder In the course of the stream of questions but rather to remove obstructions and make more lucid some of the involved and per plexlng questions To the average observer it seemed that the Judge advocate was picking flaws and finding fault with every movement made Admiral Schley during the entire cam paign A great deal of the examination was after this style You stated that you did thus and so now why did you not do this or that or something else Again the questions were hypothetical If such and such had been the case what would jou have done what would have happened This Is an example Q If Cervera had been seen coming out of Clenfuegos or going In from the sea ward what would jou have done A I guess we would have knocked them out Little ProsresH Mnde A great deal of time was wasted in reading signals already In evidence Tho progress was vcrj slow The principal points which the examination covered re lated to the coaling question the retro grade movement with some mention of the blockades especially that before San tiago The questioning was desultory Captain Lemly again read from the ques tions prepared by Mr Stayton and each one of these afforded a base from which numerous other minor Interrogatories di verged When the adjournment was taken yesterday it was surmised that the Judge advocate had about approached the matter of the rcconnolssance and a con siderable portion of today will doubtless be devoted to that If the cross-examination proceeds no faster todaj than it did and the daj before Admiral Schley will be upon the stand two daj3 longer There was a fair sized audience when the Court convened in the morning but the proceedings had not advanced far before more than half the seats were va cated The examination wearied every one unless perhaps It was a means of recreation to the Judge advocate Before the questioning of Admiral Schlej was resumed the Judge advocate addressed the Court In relation to admit ting certain evidence as follows Captain Lemlj If the Court please I beg to have the chart containing a map of the harbor of Santiago embodied as a part of the evidence I beg further to an nounce that It Is proposed with the assent of counsel and with the consent of the Court to make as part of the records the signal records of the New York and Brooklyn as shown by the books of the New York May 18 and 19 and July 2 and 3 the Brooklyn May 13 to June 2 in clusive and July 2 and 2 I think 18 and 13 is the time when the Flying Squad ron was preparing to leave Key West That was tho request of counsel I be lieve Mr Rayner I do not object to this nt all although I have made no such re quest Captain Lemlj July 2 and 3 are the day before and the day of the battle This record shows signals we have alrcadj re ferrcil to I think all the signals of July 3 have been referred to In the evidence and used in examining witnesses Mr Rayner The signals are already In I think That is the reason I do not ob ject CroA Exn initiation Resumed The cros examlnation of Admiral Schley was then taken up Captain as follows Q Now admiral jou state that you had a distinct recollection that the Eagle passed within hail In the Yucatan Chan nel and reported no news A No sir I did not Q Where was It A The Eagle had passed Just after wc had left Kej West on the morning of the 19th and then communicated with us Q Then she had passed within hall A Yes that Is my recollection Q She reported no news A Yes Q Dont j ou think that In view of tho fact that jour squadron was passing In an opposite direction vou are In error A No 1 do not think so O Do j ou remember w hether she re ported unj thing else or simply No news A Simplj No news ij - Now jou state that on the night of May 21 when the squadron was stopped the Scnrplon was sent In as a piektt post A Yes she was sent In ahead of the squadron Q Now I want to ask jou to state about that and to look nt the Scorpions log page 19 from midnight to i a m A Von mean from midnight tola m She wasnt necessarily In absolute touch with us She was ahead Q Do jou regard her as having served as a picket boat A I should say so jes Q Was the bo it Inside of the fleet A Yes she was drifting Inside of the fleet Q How far Insldp A I should say about a mile although I dont remember exactly O Is tint report btrlctly in concert with the entry In tho log A I should say yes luerlex on the Blockade I Your bulletin stated that the Span ish squadron had sailed from Sintlago did it not A 1es according to mj recollection now Q About how far was Santiago at nny time Fortv - Ight h vurs did v ou notsav7 A That would depend entirely upon the speed of the Miuaelron but giving it a good range on the sea I should saj If the sqtndron had been In condition twen t j -five or twentj slx houre The llest 0x2O MiliiKlex IjSUrO per 1000 at 6th ard N v nw fiEhtlours that T fen ed to was a plan that I had myself formed Q r0X 8tate tnat the entrance of the rrLof Clenfuegos was not practicable at night Now would tho passage of forty tight hours have thrown the Spanish squadron In the hirbor after your own squadron had arrived there A I do not understand that It was a forty-eight-hour trip for them I spoke of that distance as being for ny squad ron and not theirs Q You say that the blockade was maintained off Clenfuegos at a distance of from three to four miles A Yes Q How was that distnnce determined A Well It was my own calculation The appearance of the surf and the land seemed to Indicate that distance Q That Is what jou referred to as a four point bearing A Yes Q Did you ever plot the positions upon the chart A Only for my own Information Per haps with pencil marks but entirely for my own Information Q They w ere not made then as a matter of reccrd A No Q Now you say you maintained a watch on deck remaining there nearly ev ery night until after midnight so that no Incident should escape jou and further that scarcely anj incident escaped your observation A Yes Q Dldiou see a gunboat in the har bor A I dont remember that I have an indistinct recollection of seeing a mast or the top of a pipe There was no ap pearance of an auxiliary cruiser Q My question referred to a gunboat not an auxiliary cruiser A I dont remember seeing anything in the harbor other than a steam launch Q I want jou to look at the log of the Brooklyn for May 21 and see if It does not appear that the vessels steamed in during the morning watch A Yes It appears that they did Q Now how can you reconcile that with your statement made on direct examina tion that the current was sending you In a oimpiy me iact tnat own recol lection is that during the day and night we uia ao so Q You said that the blockading squad ron was closer In by night than by dij both at Clenfuegos and Santiago Is that right The Brooklyn Lojr A I think that Is true Captain Lemly referred to the remarks found In the log of the Brooklyn for May 24 beaming in column until 630 when stopped harbor entrance distant about six miles Q Is that correct A Yes Q Now look at May 23 4 to 8 a m watch The course is steered 6 oclock north by east 7 varied 8 varied Admiral What distance does It sav Captain The distance is not giv en here but in the remarks of that same watch at 520 it states Started ahead slow steaming toward Clenfuegos and 6J5 stopped about three miles from en trance to harbor Admiral Schley read the remainder of the log for that day The Judge advo cate read further from the log of the Brookljn for May 21 and then asked Q Do these entries or do they not show that the vessels steamed both in and out on the Clenfuegos blockade and In varying directions A It does show that but it does not show the distances Q It shows the time of steaming A Yes but unless we know precisely what the speed was we cannot tell the distance Q The speed was set by signals A Tiiy Impression Is that it was It was usually as slow as possible and that would be perhaps three miles an hour something like tnat Q I want to ask jou If Cerveras fleet had appeared first coming out of the harbor of Clenfuegos or secondly com ing in from the seaward what under your instructions would have been done A promptly I guess we would have knocked them out Q W hat were the Instructions A The Instructions were to follow the flag usually Q How did you give this instruction A I had given ft at Hampton Roads before leaving for Key West Q Was there any written Instruction A No I do not see that the regulations require that or custom Q Well Is It not an unwritten law of the navy at any rate that the vessels of a squadron should follow the flag A That depends upon circumstances Q Do j ou not even In the v ery little affairs of life follow the flag A Yes there is no doubt about that- Q How many boats did you see stretched across the barber of Clenfucgoc wben you got the Impression that mining operations were going on A Three or fo jr I Bhould say several of them anywajv Q Did an j one bring this matter to jour attention or did you observe It your self A I do not recollect that anyone did I saw- It mj self The McCalln Memorandum Q Are you quite sure that jou received but one of the McCalla memoran dum A I have not the slightest remem brance of ever having received but one copj and flag has been un able to find but one among my papers where it would have been if there had been another I am quite sure that I never saw but one Q Do j ou think you can state specifi cally in regard to any papers which jou received at nnj time A All of my pipers were put up In a box and I do not think as far as I know that there was a single paper left on board the ship except perhaps some blue prints Q And the second copy of the Dear Schlev letter A Yes that was put Into an envelop and retained by accident as I explained the other day Q You ov erlooked did j ou not the navy regulation directing flag officers to send in their papers to the department when thev hnve completed their service until the department called jour atten tion to if A I eplalned th it the other day Mj papers were all boxed up and bj mistake thej were placed with my luggage and taken with me to Porto Rico No I know perfectly well that that is a regula tion Q You stated that j ou knew the copj of the memorandum accompanying order No S and delivered by the Hawk was the flrt one jou received and thnt jou rec ognized It bv the marks upon the back Did j ou receive two copies of that memo randum A I think thre were two copies Continuing the Judge advocate took up the matter of the winds prevailing oft Clenfuegos during the time the Fljlng Squadron was there but the evidence up on this point was mostlj too technical to be interesting to the mind CoiiIIuk lllflloultle Reported Q Why did you on Mnj 23 the day the Iowa coale d from the Merrlmac In form Admiral Sampson Coaling off Clen fuegos Is verj uncertain A Flmplj on account of the sea Q But jou did coal a battleship there that day A A e did coal a battleship that Q Did jou In the same information to Admiral Sampson Inform him that one of the battleships had been coaleil on that A after reading the despatch This does not seem to state so Q There Is no Information In that ee spatch of May 24 that jou coaled a ship j There seems to be none 1 have an irdlstlnct recollection however that I ell I so Inform him either by telegraph or letter y Did vou not say that on account of a short coal supplj jou could not eftect ivtlv blockade the harbor of Santiago A Ys q Whj A Simplj because It could not be done y That was the eonaition A YtK that was the condtion Q What did jou mean In sajlng Shall not be able to remain on the port of Santiago on account of generally short coal simply A Well I think that all the vessels C fluent Poplar nnel Ujpresin In tavjrt U jt in atock by F Llbbcy i Co Price One Cent were more or less short of their nJiltfor a11 J any ervM In ar onffffullPocVhUM D0re ttan haHfnoT mre han 0ne Uoabodutnthatlnk Wi nn5r thTexaTabUt the Maa hu8etts and tsnort1dftcoeaIMa8aChUSeUs wa a QwC tloller whlh wan with the ves sels had three or four thousand tons of coal on board did she not A Yes notTTha IOWa g0t coaI thc ula he nnrtSK thlnk he took tons on and probably more Let us sec the logs tJhe IoYa ald on the 2M that she was prepared to take coal The Massa chusetts was given pennlsafon to coal T s Texas said May we coal first itlsifTtve nal These are the ships that I have in mind as applying for Departure From Cicnfneao Q At what hour did you learn that the Spanish fleet was not in Clnfuegos A About 4 oclock on the 24th as near ly as my recollection serves Q At what hour did the Flying Squad ron sail for Santiago A My Impression Is that we formed column somewhere between 5 and 6 oclock and stood oft on point of position south by east and then stopped leaving X a me irom or tne naroor Q Look at tho records In the matter A Yes the Information was secured I think from Captain McCalla Q Look at the records A After looking at the records Yes 515 o clock that was made from data given me by Captain McCalla The record shows that at 515 oclock the Brooklyn signaled to the fleet to form column Q You made signals on leaving- Clen fuegos did you not A Yas How do you remember whether It was dark or not after the fleet got under vnv ns stnrrt A My recollection Is that It was dark enough to read the Ardols or light signals Up to what hour were these signals used A They appear to have been used up to 925 p m Q -You were ordered to mask your movements were you not A Yes that Is we were ordered to mask If we proceeded in the daytime The Idea was to mask the real direction as much as possible Our signals could not be read by anyone buf ourselves Q You passed that nleht on the first watch near enough to Trinidad to see lights on shore did you not A No I do not remember of seeing any lights on shore I remember seeing the reflection of lights upon the clouds but could not see the lights themselves y Look on page 229 of the Brooklyns log last watch 8 p m to midnight Passeel a cluster of lights about ten miles distant apparently a village That Is there is It not A I see that but I repeat that I did not see the lights Perhaps they may have been seen Q When you left Clenfuegos where did you think the Spanish squadron was A Well I dont exactly recollect what impressions were at that time Q Give mc your best Judgment In the matter A Well according to the information which came to me I supposed that If it was not In Santiago it was somewhere in the neighborhood Q Did you give any special instruc tions to your captains in regard to this passage from Clenfuegos to Santiago A No special Instructions only the or dinary Instructions Now about the Adula Do you know that some time after being sighted she was captured and condemned an a prize A Well I dont know whetherlt was the same vessel or not- Q Admiral diet you saj in one of your communications to the department that the weather since leaving Key West was boisterous A Yes I said that- Vnrylnn AVenther Conditions Q Now look at your log of the Brook lyn and tell us whether it was boisterous on the 19th A This despatch w as sent on the 27th on the 19th It was after we left that the was not so boisterous Q Was it boisterous on the 20th A Only se far as the sea was con cerned On the 22d It was smooth 23d smooth and likewise on the 24thi and on the dajs subsequent and up to the de spatch varjing Q Now j ou have stated that en route the Eagle had her forward compartment filled with water When did you first know of it A I dont reaiij remember Just when the Information came to me Q Can you state whether j ou had this information at the time admiral A I do not real remember Q Is not jour memory clear on this point as wll as on other points A Yes my memory is clear My im pression now is that Southerland said something about It at the time q Was it Tiy signal or otherwise What I want to get at is whether it was a part ot the information upon which you acted In Bendingthe Eagle away A No 1 think not Q Havent jou said that jou have a great dal of recollection and very little Imagination jj A Yes 1 Bb Q You have said thatsyourjmemory is better than Folgers - A Yes q Now I want to find out how you got this information A My recollection is that it was given to me by cne of the officers Q Did you not say that Southerland signaled to the flagship that he was dan gerously short of coal and had only about a aaj s supp A He came up under the quarter of the flagship and reported I do not remember whether It was bj signal or not that hla coal supply was short Q Did not the Eagle signal to jou be fore she left Clenfuegos that she had twentj -seven tons of coal on board The Judge advocate consults Lieutenant Ward Oh no that she had five days coal supply and that in six hours she could take enough for nine days Admiral Schley consulted the Brooklyn 3 log book and Captain Lemly read from the log of the Eagle Brookljn to Eagle How many days coal have wu steaming ten knots Eagle tb Brookljn Five days could take enough in six hours to last nine days Admiral Schlej That appears In ray log as nine days steaming at ten knots Captain Lemly admitted that tills was correct although It was not so stated in the log of the Eagle Captain Lemlj then went Into the mat ter of the condition of the barometer dur ing the progress of the fleet from Clen fuegos to Santiago and during the retro grade movement nnd also 1 as to the force at the wind but developed little or noth ing which impaired Admiral Schleys de fence or aided the Crownlnshield case Its only evident effect was to weary the Cq You state that in leaving your sta tion vou did not disobey orders because vou reiurntu iu juui - ther instructions Am I right about that A 1 sam mat Lpon the receipt of your instruc tions jou did nevertheless leave your tin Hti vii not after the receipt of thse Instructions A les 1 euu anu lor l icnaun ino that Captain who was a scout or who commanded one of the scout boats placed In front of the harbor declared that he did not believe the squadron was there second Eduard Nunez the Cuban pilot stated that h did not believe that tho squadron could enter that harbor and thirel the despatch No 7 with the ac companjing memorandum in which Ad miral Sampson minimized the Importance of this squadron being there and the fact thit the department s telegram which reached me on Mas J was so ambiguous In its terms in authorizing me to coal at Geinalves Baj or at Cape Cruz Gon alves under clrcum tanccs b lng to the east and knowing that Admiral Sampson was at cy Francis tp the northward it occurred to me that if the p mlsh Meet was not at Santiago the proper srateglr movement wnD to go to the westward and not to the eastward I was authorizes to goaa far tothe west a3 Cape Cruz provided coaling was neces sarj and it was found practicable to coal there These were the Influences under which I acted and I felt that the move ment westward wns the proper strategy Lath if TS Pinsterlne Lnlli -75 per 1000 beat Vind made Ltbbsj t Co 3 I