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«nfl mm 4?| OULD STRIKE GYAMA AT ONCE CKTJROPATKIM" 3 2 A E O E E TO I E A E V, HOPE OF PEACE VERY REMOTE JBelivery of Russian Prisoners at Port Arthur Completed—'Number Is Over 24,000—Lieut. Gen. Pock Not Killed. London, Jan. 9.—It is expected at St. Petersburg that the czar will order Kuropatkin to take the offensive im mediately before Nogi's veterans can join the Japanese forces on the 8hakhe, and at any expense to gain some success to offset the effect of the loss of Port Arthur upon the Russian people. Such instructions will place Kuropatkin in a most difficult posi tion. The severity of the winter in •orthern Manchuria makes extensive military operation next to impossible, even with troops having the best equipment. It is known that the Rus sian army is suffering great depriva tion of such necessaries as ooots and •vercoats, owing to the wholesale robberies of supplies, and a battle fought solely for political reasons •would be with advantage strongly on the side of the Japanese. Effect of Port Arthur's Fall. Europe still awaits some decisive indication as to what will be the im mediate effect of the fall of Port Ar thur. This indication can come only from St Petersburg. It is now gen erally recognized that Japan's great victory can make for peace only in ease Russia's internal crisis makes peace imperative. Delivery of Prisoners Completed. Washington, Jan. 9.—The Japanese legation received the following cable gram from the foreign office at Tokio «nder date of Sunaay. "Gen. Nogi on Sunday reports delivery of Russian pris oners under capitulation was completed «n Saturday. The total of the prisoners were 878 officers and 23,491 men, whereof 441 officers and 229 orderlies gave parole eo far. Gen. Snurnotf, Gen. Fock, Gen. Gorbatovsky and Admiral Willmann preferred to be sent to Japan as pris oners, while Stoessel will leave Dalny for home on the 12th of January." Will Go to Japan. Headquarters Japanese Army at Port Arthur, via Fusan, Jan 9.—Lieut. Gens. Fock and Smirnoff have decided to go to Japan as prisoners of war Gen. Smir* jioff was in command of the rorts at Port Arthur and Gen Fock commanded the fourth division of the army there. Gen. Pock says he will drill his men in Japan. Fifty per cent, of the Russian officers will go to Japan and share with their men the fate oi prisoners of war There are five Russian admirals at Port Ar thur, one of whom will go to Japan. Among the admirals is a prince. Reports previously received were to the effect that both Lieut. Gens. Fock and Smirnoff had been killed at Port Arthur. On January 2 a St Peters burg dispatch denied that Fock had been killed, but admitted that he had been wounded. A dispatch received from Mukden January 7 said that while the death ot Fock had not been published, it had for six weeks been accepted there as a fact. The report •f Gen. Smirnoff's death had never been confirmed. Will Establish Naval Station. Tokio, Jan 9.—The Japanese intend to establish a naval station at Port Arthur Vice Admiral Y. Shibayama will probably be placed in charge of it. The military administration at Port Arthur will retain only a small garrison as soon as the prisoners are withdrawn and order is restored. The fleet is busily engaged clearing mines, but owing to their great num ber navigation will be unsafe for a Song time Only government craft will be allowed to enter the harbor. It is probable that Dalny will soon be •pened up to neutrals. Japs Repulsed. St. Petersburg, Jan. 9.—Gen Kuro patkin reports the frustration of a Japanese attempt to surprise his cen ter front the night of January 6, and the bayonettifg of 21 Japanese the might of January 3 by a cavalry recon maissance in the valley of the Taitse river, the direction of Sianchan. Prisoners Celebrate. Headquarters of the Third Japanese Army, Jan. 9, via Fusan.—The Russian prisoners, while waiting at Changking tsu, a railway station for Dalny, cele brated the approach of the new year. Religious services were held Sunday morning at ten o'clock, and the assem blage of prisoners was addressed by a Russian priest in fjull canonical dress. After the services there was music and dancing on the open ground in front of the station. The eight-year old daughter of a Russian officer is among the prisoners. Blockade Raised. London, Jan 9—A dispatch to the Japanese legation from Tokio, in con firming the announcement of the rais ing of the blockade of the Liaotung peninsula, adds: "For the present, however, no ships except those in the Japanese government service will be al lowed to enter Port Arthur." Still Hope for Success. Tokio, Jan. 9.—In naval circles here the recall of the Russian second Pacific squadron is not regarded as a sign that Russia does not hope for final success on the seas. It is considered that the authorities at St. Petersburg have re alized the improbability of the second Pacific squadron alone defeating Vice Admiral Togo and has recalled it to Await reenforcements and to fnstfecr into its officers and men preparatory! to a supreme effort for the mastery. A navel officer said to a press correspond ent: "Japan has confidently awaited the arrival of the second Pacific squad ron of the Russian navy in the far east. It would have been a splendid fight. Now we must prepare for the futile, of which we are not afraid." Celebrate with Bombardment. £*Gen. Oku's Headquarters, via Fusan, Jan. 9.—The Russians, celebrating their Christmas eve, began a heavy rifle fire at ten o'clock Friday evening opposite Linihimpu. Their artillery joined at 11 o'clock, and kept up two hours of the hardest firing known since the Shakhe river was reached, spread ing along the whole front of Gen. Oku's army. The Japanese sustained no dam age and refused to reply. They simply moved into their trenches, preparing to repulse an expected attack, which was not attempted. There were no casual ties among the Japanese troops. Little Sign of Peace. St., Petersburg, Jan. 9.—The confer ences which Emperor Nicholas has been holding with members of the council of the empire, M. Witte and other minis ters and advisors on the internal and external situation have not yet been con cluded, but nothing has occurred which would indicate that the government is prepared to depart from its present pro gramme of continuing the war to the bitter end. Nevertheless, talk of peace was heard Sunday in many quarters, the foundation for it being ascribed to For eign Minister Lamsdorff's alleged posi tion in favor of such a course on the ground that, aside from the humiliation to military prestige involved, it would only mean the relinquishment of Man churia, to which Russia already is for mally pledged. There is no confirma tion of this statement of Count Lams dorff's position beyond the general knowledge that he always has belonged to the peace party. It is quite probable that the peace talk gossip has been pro duced by the arrival of foreign papers, as it receives no encouragement re sponsible quarters here. No Proposals from Japan. The belief whjch existed exception ally well informed diplomatic circles that Japan would follow the fall of Port Arthur with moderate peace proposi tions has not been realized. Up to the present time nothing has reached the government either through the United States or other channels. Diplomats here cannot figure out the general lines of a treaty at this juncture which both the belligerents could accept, but realize that if Japan makes any sort of offer, unless it is rejected outright, as not en tertainable, negotiations would be opened, and negotiations once entered upon, friends of both parties could use their good offices to bring about terms. This is the only hope for a termination of the war which diplomats can see. A SUDDEN CALL. Heart Failure Causes Death of Former Governor Lowndes, of Maryland. Cumberland, Md, Jan. 9.—The sud den death at his home in this city Sun day of former Gov. Lloyd Lowndes cast a pall of gloom over the commu nity. There had been no indications of illness, and Mr. Lowndes appeared to be in his usual good health and spirits when he arose in the morning. He left his office in the Second nation al bank late Saturday afternoon, went to his home and after dinner spent several hours in the preparation of an address to be delivered here at Bishop Paret's twentieth aniversary as bishop of the Maryland diocese of the Prot estant Episcopal church. He then awaited the arrival from Clarksburg, W. Va., of his son, Richard T. Lowndes, who did not reach the house until past midnight The governor re tired at about one a He arose at 8:30, took a bath and began to dress preparatory to attending church ser vices. A sudden fall attracted the at tention of Mrs. Lowndes, who was in the room. She summoned assistance, and the unconscious form was placed upon the bed. Physicians were hastily summoned and were quickly at the bedside, but death had ensued before their arrival. Death was due to heart failure. Tragedy in Minnesota. Virginia, Minn., Jan. 9.—John Phil lips, aged 33, shot and killed Ruth Phillips, aged 16, of this city, at nine o'clock Sunday morning. The mur derer and his victim were distantly related. Phillips was in love with the girl, but she did not respond to his love-making. The tragedy occurred at Miss Phillips' home, in the presence of the mother and a sister of the vic tim. Heavy Snowstorm. Wheeling, W. Va., Jan. 9—Reports from interior West Virginia tell of furious snow storms the mountains. At Weston the snow fall is 20 inches. At Pickens it reached 30 inches. At Graf ton there is 18 inches, and' at all other points reported the fall ranges from 20 to 24 inches. Telegraph, telephone, rail road and highway traffic is seriously in terfered with »t&*^ Many Injured. New York, Jan. 9.—The falling of a bridge during a performance of "Car men" in the Metropolitan opera house injured 50 persons on the stage, caused a panic among the company and brought a large audience near to disaster. Chorus girls showed heroism by massing at the front of the stage and continuing their song in an effort to quiet the crowd. Tragedy in Illinois. Joliet, 111., Jan. 9. William Rapson, after a family quarrel at the Higginboth am farm, Saturday fatally shot his son Herbert, after which the old man called Herbert's wife out to the barn, shot and killed her and then shot and fatally •founded himself. PEABODY LOSES COLORADO FIGHT E E I S A E S E A S A A ATATWS A S O E N O CONTEST MAY BE SEQUEL jHr»». ""SKS! Defeated*Candidate Wrathfully De clines to Agree to Plan of *«•*, Settlement But "Ei-^^ ^naUy Yields, &£i Denver, Jan. 9.—Alva Adams is the choice of the people of Colorado for governor, and he will be inaugurated Tuesday- This was announced shortly before midnight Saturday night, at the conclusion af the canvass of the vote of the last election by the legislature in joint session. The returns showed that Adams had a majority over Pea body of 9,774. A whirlwind of cheers greeted the decision that brought to an end the bitter contest that has last ed almost two months. The announce ment that all the other republican can didates for state offices had been elect ed caused no excitement, for the fact was known before. Peabody May Not Contest. Under the terms of the compromise agreement reached by the various fac tions in the legislature earlier in the day, Gov. Peabody is to file no notice of contest with the legislature until after Mr. Adams is inaugurated. There is some doubt, indeed, whether Gov. Peabody will undertake a contest. It was a day given over to secret cau cuses, to conferences, to proposition and counter-proposition. It finally was agreed at five o'clock that the vote should be canvassed, that Alva Adams should be declared governor, and that no contest should be made for any office until after his inauguration at ten o'clock Tuesday morning. Throughout the entire struggle for the governorship the chief aim of both democrats and republicans las been to secure the appointment of two new judges to the supreme court. The question of whether Peabody or Adams sat in the governor's chair was a secondary matter. The Wolcott re publicans were insistent in their de mand that they be recognized in the appointment of the judges, and it was finally agreed that the appointees should be George W. Bailey of Fort Collins and L. M. Goddard of Denver. Peabody in a Rage. When the republican leaders called upon Gov. Peabody to inform him of the conclusions they had reached and to tell him that his only hope of a second term lay through a contest in the republican legislature they were met by a wrathful and indignant man. He refused to accede to their wishes, and for four hours his friends labored with him. It was only the pleadings of some of his closest friends that in duced him at last to agree to the plan proposed and to send the names of Bailey and Goddard to the senate for confirmation. Lose on Court Decision. The Peabody men refused to give way until the supreme court refused to declare legal the proceedings of Fri day. It would'not declare them ille gal,* simply declining to pass on the matter. With the joint session not declared legal, all things that came from it were in the same position, and the Peabody men then agreed to com promise. At seven o'clock all things were settled, even to the fact that Lieut. Gov. Haggoft should preside over the joint session except while the canvass was in progress, when he would give way to Speaker Dickson. Session Called to Order. The senators filed into the house, with Lieut. Gov. Haggott leading. The lieutenant governor mounted the speaker's rostrum, where Speaker Dickson was awaiting him. Tne men eyed each other for a second, and then Haggott, with a laugh, extended his hand and it was grasped cordially The speaker stepped back, and the lieutenant governor call the session to order. He announced the purpose of the joint session to be the canvassing of the vote, and then gave way to the speaker. Representative Griffith moved a recommendation of the ac tion taken Friday, the resolution cre ating the committee of 15 was laid on the table, and that body passed out of existence. The canvass of thv vote then began. I The Sheriff Is in Control Cleveland, O., Jan. 9.—Judge Wing of the United States district court, has ab rogated his recent order that no person should be allowed- to see Mrs Chadwick in county jail without a written permit signed by the United States marshal Instead Mrs. Chadwick is placed abso^ lutely under the jurisdiction of the sheriff while she continues to be con fined in the county jail and he will have authority to say who shall shall not 0 see her. & y&gjF**^*^* *igJlsJll Death of a Pioneer. Helena, Mont., Jan. 9. O'Connell, a well known Indiana, Mis souri, Kansas and Montana pioneer died here Saturday, aged 73 years. In ante-bellum days in Missouri and Kan sas he became the intimate and personal friend of Thomas Ewing and Gen. W. T. Sherman. He was wealthy. Manila Editor Dead. v^Knoxville, Tenn., Jan. 3. Capt. Wil liam Rule, editor of the Knoxville Jour nal and Tribune, Saturday received a cablegram announcing the death of his son, James F. Rule, editor of the Manila American and Manila Town Topics The remains will be brought here fot in. ierment. PUZZLE IN EVIDENCE {Original.] One of the most puzzling cases of professional""duty I ever had was that of Philip Gray, whom I defended on a charge of forgery. Before selecting a line of defense I visited the prisoner in his cell and asked him to tell me whatever he knew that would tend to establish his innocence. Cray was a fine looking young fellow, about twenty-fn years old, and with as lion* est a look as I ever saw in any man's eye. Judge, therefore, of my surprise when, instead of complying with my request, he asked me whether an at torney was bound to sececy with re speet to his client's admission of guilt, and when I said that such was the obligation he declared that he had com mitted the forgery. A celebrated British barrister, hav ing been placed in a similar position, referred the case to the judges, who after deliberation told him that it was proper he should defend his client, though he should not state his own belief in his innocence. I resolved to act upon this advice myself and pro ceeded with the defense. Gray seemed indifferent to the out come „at any rate, he would give me no information to guide me in assist ing him. Indeed, there was little to bring forward, for all the incentive to the crime was with the accused. The forgery was the signature of a will purporting to have been left by his uncle, Peter Martin, leaving Philip Gray all his property, a large estate. There was, however, one weak point in the evidence against the prisoner in this: That two in three experts in chi rography testified, and without know ing each other's conclusions, that Phil ip Gray had not written the signature to the will. But the opinion of the two experts who were of this opinion did not count for much. They were with out reputation in their calling and had been summoned by me. The expert who declared that the accused hid committed the forgery was at the head of his profession and had been sum moned by the state. The last day of the trial was an ex citing one or, rather, a pathetic one. The mother of the accused was in court and the agony depicted on his face was enough to move a heart of ada mant. Indeed, the evidence against my client was so strong, and I was so weakened by the knowledge of his guilt, that I came toward the end of the trial to rely principally on the presence of the mother and her effect upon the jury. I spoke feelingly of the misfortune under which the prison er labored, that both of the witnesses who had seen the testator sign the will were dead, drawing a picture of the delightful transition from one accused of a crime to vindication if one or both the witnesses should come into court. I also pictured to the jury a noble life blighted by a mistake. While I was speaking the mother of the prisoner was far more* visibly affected than the jury, and when I sat down she went out of the courtroom, sent for me and confessed that she, in order to secure the estate for the son, had forged the will. Here was a new complication, but it was a relief to me. Gray, to screen his mother, had confessed the crime. He, not his mother, was my client, and I was placed in a new position by this knowledge of his innocence. I did not care to ask him if his mother's confes sion was the truth, for I felt quite sure that the same motive that had led him to accuse himself -would lead him to deny that she was guilty I went back into the courtroom resolved to spare no effort to save an innocent man, one who was placing himself in his moth er's stead, from punishment for a crime he had not committed But here again was a puzzle as to duty. Profession ally I was bound to prove my client's innocence if possible. By putting his mother on the stand I could secure his acquittal. I knew that he would be a far greater sufferer if I adopted this course than if he were convicted in her stead. I made up my mind to do what I could for him without compromising his mother. Possibly I might save him without resorting to this expedient. I arose to the last summing up. There was little to say in his defense without accusing his mother, so I was obliged to content myself with a con tinued effort to wm the sympathy of the jury. But on this I was clogged by a knowledge that the woman for whom I asked their indulgence was herself guilty of the crime. As I pro ceeded I saw that the twelve men looking at me were convinced that I did not feel what I said. I was lum bering along hurriedly when there was a stir beyond the rail. A man pushed forward and asked to speak to the prisoner's counsel. I paused in my speech and ••vent to the rail. "I'm Edmund D. Corwine," he said, "one ot the witnesses to the will of Peter Martin." "Are you sure? You're supposed to be dead." i***-^ Js^i* *"~J "I can prove my identity and. am ready to swear that Peter Martin sign ed a will in my presence." He did both, and the prisoner was not only acquitted, but came into pos session of a large fortune. The explanation? Well, the man who would have inherited the estate but for the will worked up a case of for gery against Gray.r^lGray's mother had once told her son that his uncle's estate should never go to the next of kin, and Gray believed that she had committed forgery for his sake. yHe confessed to save her, and she con fessed to save him. The witness who finally set us all right had permitted himself to be supposed to be dead in order tp get away from a woman who had been hounding him for blackmail. At her death he returned, fortunately Just in time. ^THOMAS BROWN. 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