-J. " ' . . , . " , . . . - . ' . ... .. ,. ',
-. . . l; ; - - ' " - " ' 1 - , - i ;
. - - - ?'-,- -
- . ."! : -i
3 )5' "'" "' '.? "?
VOL XIII NO 298.
WATERBURY; CONN, 3YEDNESDAY; NO VEMBER 28,1900.
TRICE TWO CENTS.
iv ' w i p. u . n a .4 -:i a A ih ' - ' r " " " ' - ' . i .'
LAWYERPATTLE
Opposing Counsel Contesting
Every Inch of Ground.
IN THE FAMOUS PARSONS CASE.
Many Objections Raised by Attorney
Williams The Jury Excused While
Counsel Argued a Point Several of
Yesterday's Witnesses Recalled to
the Stand To-day.
When the so-called . . Parsons case
Was adjourned yesterday afternoon, it
appeared to be in a critical state.
The decision of the court on a point of
law as to the admissibility of Watson
M. . Hurlburt's evidence regarding a
note, and mortgage deed as security of
Hie note which, as lias already been
stated, he gave in consideration of a
loan of $18.000-to Mrs Parsons on Oc
tober 30. in supposed to have consid
erable bearing in favor of the defense.
At least, the defense take it as a point
in their favor. The objections to Mr
Hurlburt's testimony were considered
at great length and detail by the court
and passed upon m the same order.
Everybody present seemed to feel that
something important bad come, for the
utmost stillness was observed while
the court was giving bis decision. It
was given slow and with most appar
ent deliberation.
Mr O'Neill held that if he gave to
Mrs Parsons $10,000 to deposit in the
Parsons bank for him. and that inmie
diately after the money was delivered
to her it was struck and destroyed by
-lightning, the bank would, of course,
be held responsible.
Mr Williams contended that the fact
that the note and deed were drawn up
In favor of Mrs Parsons individually
did not go to show that her accepting
both was an admission by her that she
was her husband's co-partner in .his
banking business. The greater part of
the afternoon was occupied' making ar
guments on this point. Mr O'Neill
compared the situation to the case of
Benjamin Sedgwick vs Charles Belden.
a local case. In this matter Mr Sedg
wick conducted a tailor shop as trus
tee or agent for his wife. Mr Wil
liams, on the other hand, held that that
case had not the slightest bearing on
the one before the court, inasmuch as
that Sedgwick was his wife's trustee
or agent, whereas in this case it is as
sumed that Mr Parsons was neither
the one nor the other to the defendant.
The arguments were closed by Mr
O'Neill stating that if Mrs Parsons
was not the surviving partner in the
bank, what right had she to hand over
' the note and deed that caused the in
terruption to the trial, to the receivers
of the bank. Messrs Chase and Elton.
What right had she to interfere with
the Ssoney of the depositors of the
bank ifrjd with it pay off old claims
against the partnership of Holmes &
Parsons? The court, in deciding the
point, said the law of the state is fair
ly conclusive that a wife cannot be
come her husband's partner. . There
was no evidence, so far. tending to
show that there was a co-partnership
between the defendant and her hus
band, or that she derived any benefit
from the bank. The evidence regard-lil"-
Mr Hnrlbnrt's note and deed did
tend to show that she was conducting
the bank at the time she took them on
her own responsibility, but it did not
show that there hail been a co-partnership
between her and her husband. J he
evidence, excepting its bearing upon
the last mentioned point, was excluded.
The defendant took an exception to
this part of the ruling on the grounds
that it showed on defendant's part an
intention to right whatever wrong
mav have been done in her name. She
bad no legal right to the property In
the bank: that is. she should not have
handed over Mr Huilburfs note and
deed to the receivers of the bank, but
tills was a mistake, her counsel
claimed, on h er part, committed with
an honest intention. The ruling, on
the whole, caused the defense to feel
elated. , .
The jury w as then recalled and the
;'otui.'nf Mr Ilnrlburt was re-
l.iluimii" v.-
' sumed. ,-,-."
What was the note and deed gnen
to Mrs Parsons for? be was asked. The
,nestion waa objected to and excluded
This disposed of Mr Ilurlburt, and
William Merriman was called. He
said be Is the defendant's son-in-law.
and this was followed by a lot of evi
dence regarding the Parsons family.
Witness was administrator on Mr 1 nr
sons's estate. A few days after the
letter's death he went to the bank ana
told Mrs Parsons that he had found
Its affairs in a bad state. Court ad
journed at this point.'
Before resuming business this morn
in" Judge Wheeler took up the ques
tion relating to 3Irs Parsons's reputa
tion for wealth. This matter came up
"yesterday when Robert Lewis, local
" 'representative for a New York com
mercial pnblication.iwas asked on the
stand if Mrs Parsons had not told nim
that the defendant was wealthy. The
-miestion was objected to and ruling
deterred. It was claimed by the plain-
tiff in Ms argument that it wasbe-c-mse
It' was -on account of Mrs, Par
sons's general reputation that she was
wealthv and because the firm of G. S.
Parson's & Co was so rated in Brad
streets that he deposited his money in
hunk. The defense
claimed that. Mm Parsons's reputationj
of being weaitny nas uuiuihr-
with the' case at all. The -contention
so far was to connect-Mrs .Parsons
with the case and so far also she Suc
cessfully resisted these efforts.. The
technicalities were finely and one may
" saV delightfully drawn. Such hair-
splitting was never before witnessed
" iu the iocal superior court room. The
fact that fcbe did give her husband the
right to use her name in hjsv banking
affairs was-not, her counsel claimed,
the formation of a co-partnership bej
- tivcen them::was not, in fact, the en
' gaging of 1 him as her agents-It 'was
net as a surviving partner, nor. was it
on her-own responsibility that she cdn-
- ;n,A1 41WliriciVtifzG!if ter-hpr Hnahfln(1s
- death." bt -at ftdtnVnbftratrixv ;far,."8le
- n well as Mb .Merriman werfl appn int
ert to tlMit offteey the- -will of iverlit-
ed to that otfteey the- will or uer-iws-
bund. 1 This the piflIntilMtred to oSTBet
claiming tliat-whnt power or right had
Mrs Parsons asTadministratrix to hand
over 'to the- receivers her husband's
estate. She was not responsible to the
receivers or the' superior court which
appointed; sheswas beholden to, the
probate court and her duty, was to set
tle up the affairs of her deceased hus
band and make settlement with that
court, not hand them over to the su
perior court. But she knew -she was
a . partner in the bank, that .was why
she acted so. An hour and ten min
utes were consumed in making the ar
guments. The court decided to admit
tlie questions, but Mrs Parsons was
still not connected with the bauk. The
jury was then called in. The room
was more crowded than it was' yes
terday, and there were old as well as
young lawyers present.- Rumor of the
hair splitting technicalities bad
reached tlieiu and drawn them thither.
Mr Merriman took the stand and ob
jections began to pile up immediately.
Witness could not recall if he had said
anything to defendant about Mr Hurl
burfs note and mortgage deed. He
did not advise Mrs Parsons to sell the
assets of the hank after he had found
and reported to her it was iu a bad
state. This was objected to, but was
allowed. A few days later, however,
he told Mrs Parsons that certain par
ties would like to buy the bank He
could not recall what she said: thought
she made no reply. He advised-tier o
make an investigation of the batik's
affairs. He had not been appointed
administrator then. An investigation
of the bauk was made, but witness did
not make reports as to progress to
Mrs Parsons. He said as little as pos
sible to her about it. About a week
after Mr Parsons' death witness ad
vised Mrs Parsons to withdraw her
balance from the Dime Savings bank
and a part of it Was so withdrawn..
Eventually it was all laken out. but
witness could not say how long that
was. He knew Mrs Parsons's reputa
tion financially and said it was that
she was a woman of means. This was j
indefinite. Mr O'Neill, his questioner, I
thought.. It may mean that she was i
worth millions and it may mean that
she was merely well off. He thought
finally that slie was. worth S150.O0H.
I'nder cross-examination witness said
he never consulted Mrs Parsons as to
continuing the banking business after
her husband's death. So far as lie
knew the subject was never discussed.
Witness 'was asked by the court if
he could recall anything lie did in c.in
sequeuce of a conversation with Mrs
I'arsous. and replied he could not re
call any such act.
Contractor Ilurlburt was recalled
and stated that the deed he gave to
Mrs Parsons was to cover an over
draft on his account. This was to
show that she transacted business as
tlie surviving member of J. S. Par
sous & Co. Mr Hurlburt got himself
into a fix with the court and Mr Wib
lianis over the. financial reputation of
Mr Parsons between July '!" and Oc
tober 'VS. "Mr Ilurlburt was iin hour
on the stand.
Tim i-il.iwtilV'ii rmieu1 nun- urneppd-
l-ed t Ket at what they failed in duing
yesterday: that is. who circulated tne
yellow slips calling attention to the
formation of the partnership of C S.
Parsons & Co. and Peter F. Maloue,
who printed them, was recalled. Mr
Maloue testified to the slips. Then Mr
Williams began to 'block further testi
mony with objections, but the witness
was "allowed to proceed. He stated -that
500 of the slips were printed for
Mr' Parsons in July, ".18. As to Mrs
Parsons's financial reputation Mr Ma
lone got himself into the same fix .as
Mr Hurlburt did. Mr SteVrnn came
next. He said the money deposited in
the. bank by the plaintiff was duly cred
ited to hii'n. but as to the amount of
interest it earned between July, '!K.
and October, '118. he could uot say. He
could not say. if it was loaned with
other people's mouey. This was - to
show that Mrs Parsons derived bene
fit from the money deposited' by' plain
tiff, it having-- been contended all
through the case that she did not. Ob
jection was made and sustained on the
ground that the benefit in question was
not the bewfit referred to in the
statutes. Witness heard Mr Parsons
say to Mr I-ewis. the agent for
Bradstreets. that Mrs Parsons was of
the firm of Brown & Parsons. This
was said a short time after the books
of O. E. Tarsons & Co were opened.
He did not receive any orders from
Mrs Parsons or any one else about dis
continuing the business until ' the re
ceivers were appointed. The assets
carried over trom li. k. t'arsons io it.
S. Farson & Co amounted to $1(58,
TiKS.07, besides an equity in real estate
at 51 Church street. Tlie liabilities
were $133,092.14. On the day "of Mr
Parsons's death. October 11. the as
sets were $185,758.13 and the liabilities
$172,585.70, showing a difference of
$13,172.43. Mr Williams objected to
witness testifying as to the condition
of the bank on November 2, tlie day
before the receives were appointed.
Mr O'Neill claimed it to- be shown
that Mrs Parsons took possession of
the assets and converted them to her
own use. The objection was sus
tained. u
Upon resuming this afternoon, after
a recess for lunch, the court announced
that be wished to reduce the. width of
his ruling which excluded evidence: as
to the assets of the bank on : the day
before the receivers were apppinted. . ;
A -paper iwas then identified by' the
witness as having been signed by Mr
Parsons. It was then laid asid. The
balance due the plaintiff on , October
It, 1898. was $1,300.3(5. Thisjwasf the
day of Mr Parsons's death.
"What became of the. assets that ap
peared on the books oil-November 2?"
witness was asked. Objected to. This
was allowed topass for the present.
a,nd this quesion was- asked: . "What
became of the money deposited in the
bank up. to the day of Mr Parson's
death, which amounted to $44,359.97?"
Objected to. Excluded. - ;
. '."Can -you tell-what became-of the
monev deposed by the plaintiffs after
October ll.'OS?" Objected td. It was
allowed. Witness answered 'It was
paid out in the regular ourse of busi
ness. .. .' ,- . , . . . , ' ., i,-4
r "What happened' the., assets; ip ,the
bank pn Noeniber 2'?', . "T lvey-went
into the iiaiids -of tlie xeciJtors." t ,v
Cross-examined bj Mr Wilujims, he
never &ad iaijy-'oonyersatkiB with ilrs
Persons Veg-Jirding the totjsiness -of the
banks! H kn?w BMire' of the liank
affair' than appeared on xhe':tfodk4 on
July 2. 1890. and wuld 'not say if the
bunk "bad any assets nt nil; in fact
ihb vans nau no assets on jiuy .tie
icHd not now if the liabilities of the
4 bank exceeded its . assets by $100,000
i on that day. It will be recalled this
was the day on which the firm of,G.
S. Parsqns & Co was formed and took
possession of the property of.- G. : S.
Parsons. . Resuming, .witness . said
that on July 2,' 1890, the book showed
there was -on hand over $43,000, while
the actual sum was many thousands
less. On re-direct examination he was
asked by Mr O'Neill how it was that
the books and the actual facts did
not agree and he replied that as long
as he knew there were certain figures,
supposed to be cash, carried oir- the
books fronl day to day while in reality
they did not represent cash, at least,
many of the'm. Some of them were
checks which were expected to be
realized on some time. Mr Parsons
kept some checks iu bank which were
called cash, and. tlie baseball associa
tion had a check in bank for $1,500 on
the same principle. '
Charles Holmes, son of Israel
Holmes of Holmes & Parsons was the
next witness.
A LARGE CONTRACT.
Eleven Armoured Ships That Will
Cost the Sum of $00,000,000.
New York, Nov 28. Eleven armored
ships, to cost about $00,000,000 when
finished, are attracting shipbuilding
experts to the navy department this
week, says a Tribune special from
Washington. They will make final
studies of the plans and specifications,
to win in the great competition eleven
days' service, when the bids will be
opened perhaps- the largest construct
ion contracts ever undertaken at a
single time by the government. The
amount at stake for hulls and ma
chinery alone will aggregate $42.ooo,
ooO. the remaining $24.(IOO.OOO required
to furnish the guns. .armor, equipment
and stores being reserved by the navy
department for expenditure after the
vessels :re launched.
Certainty of- brisk competition has
been brought about by the peculiar
wording of the two appropriation acls
authorizing these ships and by the de
lay in designing tlie two classes of
cruisers and battleship, of which the
department took advantage in stipulat
ing that all. bids be opened on a sin
gle day. Tlie act of March 3, 18)5).
provided for three battleships and
three armored cruisers.
The probable distribution of tlie con
struction of the eleven big vessels has
become very interesting in view of an
inteiprelation of the arts of congress
by Judge Advocate General I-en:ly, of
the navy. He iiinbt that the Pacific
coast can secure three battleships and
one cruiser, or three cruisers and one
l-atrleship. or two battleships and
two cruisers. That coast is entitled
to not more than four vessels, two
under each act. The remaining seven
vessels must be built on tlie Atlantic.
According to Captain I.eniiy's findings
a single bidder oil tlie Atlantic may se
cure as a maximum four battleships,
mauing in all six vessels, but no bidder
can secure three of one type and
three of another or five of one type.
Tiie Scotts of San Francisco declare
they want more than four ships.- Tlie
secretary of the navy will submit the
matter to the attorney general for
decision, and if this goes -against them
the builders of tlie Oregon will appeal
to congress to place thein on an
equality with their eastern competit
ors. ARRIVAL OF STEAMERS.
Battleship
Kentucky
Arrives at
Smyrna.
Washington. Nov 28. The battleship
Kentucky arrived
Smyrna this
morning.
OlieiiiiKt-invn 'nr S
Arrived:
Steamer Maiestie from New York for
Liverpool (and proceeded did not com
municate with shore owing to gale).
Southampton. Nov 28. Arrived:
Steamer Trave. New York for Bremen.
.' TUB CZAR'S CONDITION.
Lavidia. Nov 'IS The following
bulletin was issued to-day by the czar's
physicians: The emperor passed a
good day yesterday. He slept ail
hour and a half. At 0 in tlie evening
his temperature was S'8.2: pulse 08. He
slept fairly well last night.. This
morning his ma testy's condition and
strength are satisfactory- His tem
perature at f) this morning was 9(5.4;
pulse 08.
POPULATION RETURNS.
Washington, Nov 28. The popula
tion of New- Mexico, as officially au
llounceVl .to-day, is 195,310, as against
153,593 in 1890; an increase of 41,717.
or 27.1 per ceut. The population of
North Dakota is 319.14(5, as against
182,719 in 1890; an increase of 130,427.
or 74.C "per cent. The population of
Oklahoma'is 398.245 as against 01.834
in 1890, an increase of 330,411, or 544
per cent. . i
WOMAN GOES TO JAIL.
Rockville. Conn, Nov 28.-The case
of Mrs Nellie Holt, charged with steal
ing silk from the linn of Belding Bros
& Co, was brought up 111 the superior
court to-day. The prisoner pleaded
o-niltv. There were three charges of
theft "against the woman and on each'
Charge- she was sentenced to two
months ill tjail and fined $2o on each
charge. '
i . BURNED TO DEATH.
1 Media,- Pa. Nov 28. Andrew . and
Bridget McjGinley, a .married- couple
about sixty years of age, -were burned
to death 'last night at their home in
Newtown. The old couple were' well
known to be heavy drinkers and it in
supposed that while in a heavy stupor,
"their clothes caught fire and they
were unable to extinguish .the flames
and so perished. . . : !
ANOTHER BODY FOUND.
' Lynfi, Mass, Nov 2S. Officers w-ho
have been dragging Floating Bridge
pond for further evidence in -connection
with the murder of George , E.
Bailey, ' thef - North Saugns ; farmer
fotin'd ifie boViy of it mail jn' the-water
of ai pond ioday.t he ifeititila ted re-muvna-'
of sSlailey were found in-: the
pom! on O otober 17. . -
t i t MTJWBEU AND 1IRCJGIP1V -i
Milwaukee. "!Wiss :Xov v28.toartefl'
Nearang. va' brickmaker. i-eatly - to-day-shot
and fatally injured his wife,; then
committed suicide bv slmotingv The
tragedy -followed an attempt by- Xear-
ang to play his three clglren.
The Dole and Anti-Dole f aetions
at Honolulu.
The Recent Election Has Caused The
Biggest Kind of a' Rumpus Unsuc
cessful Attempts - to Prove The
Illegality of the Election of WT.cox.
Honolulu, Nov 20, via San Francisco,
Nov 28. Thtfc election Iu Hawaii has
byf no means - brought an end "of a
more bitter fight than ever between
the so-called missionary and anti
missionary wings, or Hole and Auti
Dolu factions of the republican party.
Each is busily accusing the other of
having knifed the ticket and helped to
cause the republican defeat and in
dependents' success.
A. B. Loheustein of Hilo has made
two unsuccessful efforts to have local
courts listen to argument-i. that the
election pf Wilcox a.s dclegatj to
Yashington was illegal. Loelieiistciu
claims there is no law under which
the election of a delegate could be ac
complished territorial election iaws to
cover theqioint not having been enact
ed yet. Attorney-General Dole refused
to take any steps on the ground that
congress is the only judge of the
qualifications of its members and to
day First Circuit Judge Humphreys
also ret used to summon Hcox to
make answer to the issues raised.
Secretary Gage of tl-c treasury de
partment bus suggested: to Governo
Dole that dutie-i on Impovts n :iy bo
pahl in San Francisco and the re
ceipts accepted hoe by. ilio local col
lector of , customs. Nearly or quite
all of tlie importers of Europcaji goods
which are dutiable have agenlw in S.-in
Francisco and
from that side
always have mouey
due. The adoption of
Secretary Gage
to a serious ste
s plan will put an end
idy drain of coin from
Ha wc.fi.
Washor.ts and iioods continue to be
reported from all tlie different islands
as a result of tlie recent storm, which
was general throughout tiie group.
With the heavy rains came tlie strong
est " Kona" or high south wind, known
here for many years. Tlie only lives
lost as a result of Ihe storm so far
as known were those of two .lapatjes"
fishermen who were blown to sea in
a small boat and have not been heard
of si:::fc
TO AYOID EXTRA SESSION.
Senator Allison of Finance Committee
Interviewed.
Chicago, Nov 2SvWSenator W. P.
Allison, of Iowa.' chairman of the
senate finance committee, who is in
Chicago on his way to Washington
in an interview discussed the pressing
business to come, before the forthcom
ing session of congress.
One object of the. session, he sa'.d.
must be to avoid an extra session, and
therefore, the first business of the
short session should be to take up and
pass tlie regular appropriation bills,
including the river and harbor bill,
which did not pass tlie last session.
"Then." he said, "an army bill must
lie liasaod. Exactly what, of course,
I do not know. But the condition
confronts us of tlie army reduced by
law to an extent not equal- to 4110
national necessities. The first 0 July,
1901. by a stroke reduces the army to
27.5O0 men. .- Prudeujce nt least sug
gests fhat under -i existing conditions
some measure should bo -taken against
that rtr.te."
Zv'ext ill importance, the senator
said, would be legislation revising the
war revenue bill. He expressed the
belief that the -war taxes should be
reduced. lie said: "In my opinion tlie
stamp taxes generally should be re
moved'.' Proprietary medicines should
likewise lie relieved, inasmuch as a
large majority of them are not patents,
but only manufactured or put up
reined ics.
"To repeal the tax 011 beer alone
would mean a reduction of twenty
five to thirty millions.
"The bill for the digging of the
Nicaragua' canal will be a foremost
proposition."
Senator Allison also expressed ihe
opinioij that the ship subsidy Pill
would be given consolidation.
FUNERAL OF MIt WILSON.
Washington. Nov 28. The funeral of
the late (Jeorge W. Wilson, -commissioner
of internal revenue, was held at
the Riggs house here to-day. The
services were attended- by 'Columbia
Oommaudery No 2, K. T,. a delegation
of Templars afterward escorting the
remains to the Pennsylvania depot.
The funeral party will start at 3 p.
111. for Hamilton. Ohio, where tlie in
terment will take :laeo.
UNKNOWN VESSEL LOST.
Ipswich, Mass. Nov 28. Fisherman
along Ipswich bay have ' picked up
large quantities of lumber and pieces
of wreckage and it is believed that
some vessel was lost on Ipswich bar
during he storm yesterday. Between
25.000 and 30.0(10 feet of lumber have
come ashore. Nothing was found to
ndicate the name of the vessel.
WEATHER REPORT.
; Washington, Nov 28. For Connecti
cut: Fair to-night, warmer in - west
portion; Thursday fair,, warmer in east
portion. Fresh north to east winds.-'
.-'Weather notes: Pleasant weather
prevails this niorning in all sections
except the northern portion of tjie Lake
region, wheref light snow is' falling.
Conditions favor for this section fair
weather and no decided cluinge in tem
perature. -. . , ,
. i - '' V Barom.; Tern'. W. Wea.
Bismarck . .
Boston ' . v
Buffalo V.-,. ,
. .30.20
10
28
34
44
30
24
24
44
NV Clear ,
XW Clear.
.33.12
.39.12
.30.12
.3,0.08
r. 30.30
,30.32:
.30.22
JW.24 :
SB'
SB
X
sw
sw
Cloudy
Cloudy
Cloudy
iCinciunati".
Chicago .". .
Denver .
Helena.:' v..
Jacksonville
Clear
Clear
Clear
Kansas Cjty
34 " XW Cloudy
34 X Cloudy
29 -; 'X" " Clear
fc'nntwket:.
.v..30.)4 '
Xw Hiiyen :r;30.12
New Orleans . -30.22
New 'York .. . .30.14
IMxiNB.-rtChly-
34 ; XW Pt Cldy,
rititsbavg I , . V.30.1 4 I 30
St lMiii : . .3U.12 1 42
,. K--' : Clcmdy
NV ClHulyi
St IPtuiV .
WflsulrtgtoK'
. 30.20 1 24
tiV C4oih1.v4
. .&0.181 .SO.. NW Clear
-- ABOUT APPROPRIATIONS.
Tendency To Cut Down the Repairs.
i and Maintaiuanee Allowance.
Some of the members of the board
of finance think the appropriation
recommended by the board of public
works for repairs and maintaiuanee
should bo cnt down considerably, but
none of them appear to be able to give
any particular reason for reducing this
item except that something .must be
done to keep down the expense. That's
all well enough, but why take it from
this item? . It is a notorious fact that
there are more real demands made
upon this item . than on any other iu
the street department and that more
of this class of work which is charge
able to it is hanging back for want of
funds to go ahead with, than there is
in -all tiie other departments put to
gether. Some of the commissioners,
Mr Bannon especially, ought to know
this. Ik had ii hard tight to get the
street he lives 011 fixed the present
year, although the work was ordered
done long ago and should have been
attended to before it was. but it had
to wait simply because there was not
money enough to go around. But Com
missioner Bannon has his street in
ship shape now and a crosswalk at
the head of it. and of course he feels
that his neighbors in other parts of the
city, who are still in mud. can afford
to wait. That's the situation exactly.
People who have all the public im-in-ovenients
-they .care about, cannot
understand why the business of do
ing for others What has been done for
themselves should be continued, while
those who have" not yet received any
thing in return for what they have
been paying into the city treasury ob
ject to seeing the work stopped until
iv reaches them. Ybe board should
agree upon a good sum for repairs
and maintaiuanee and the extension
of water pipes and ihcu get out their
limning knives and slash away
wherever they please.
WHAT WILL WE DO?
Fight, Said Lieutenant Wagner When
Surrounded and Then Fell Dead.
X
Watertown. N. Y.. Nov 28. A letter
to the standard from its correspond
ent with the Twenty-Sixth Infantry
in the Philippines gives a detailed ac
count of the death of Second Lieuten
ant Max Wagner of that regiment, who
was killed on the evening of October
2 while en route to Santa "Barbara
from Jaro with Private Lainoi-eux. his
orderly. The two men were attackdl
by Insurgents hidden in the bamboo
brush. At. the first volley Private
Lamoreux asked Lieutenant- Wagner
what, they would do, and the gallant
officer rolied:
"Fight.";
Both sprung from their horses, but.
the next instant the young lieutenant
fell dead with a bullet in his brain.
Lamoreux rode to Santa Barbara and
reported the affair. A scouting party
was at once sent out and found the
body in the rear of ah
old shack.
All
had
of his valuables and
"been taken.
Lieutenant Wagner
weapons
leaves ri wife
and two children at
M.'.ss.
East Medford.
COXiMERC'IALTRADE AT STAKE.
Make. It Inc-tfnilvnt Upon the Western
r'' Powers to Be Cautious.
Yokchoina. Nov 19. A speech mild."
by Mr Kato. the newly appointed min-istil-
of foreign affairs, indicates that
Japan rinds herself involved in the
same' difficulty in the diplomatic m:i-
nocuvers now progressing in China
that she underwent in her military op
erations. Just as the st-pposi-d neces
sity for concerted action caused the
disastrous delay tiieii. sj flits country
finds its?lf 'bumpered because having
to wait upon the action of the allied
powers with all the impossibility of
thir coming to aa agreement.
The enormous commercial trad?
which it has at stake in North China,
as well as the patriotic sentiment
which will be aroused upon the least
encroachment upon its rights in Korea
will make it incumbent upon the west
ern powers to be very cautious about
slighting the counsels of the nation
holding tlie balance of power in tlie
Orient.
Japan's great holiday, the 3d of No
vember, the natal day of the emperor,
was of unusual attraction this year,
as indicative of the pleasaut relations
now established between the govern
ment and the foreign community.' fully
justifying tlie wisdom of treaty revis
ion and marking the disappearance of
the fears at first engendered by it.
The annual ball given at tlie imperial
hotel was attended l.y a larger num
ber than'was ever known to be the
cne 011 a similar occasion, and the
cordial good feeling of tlie foreigners
who were, present in usual force was
specially notable. The review of the
troops in the morning was a most bril
liant and impressive spectacle, more
than 10.000 of the various branches of
the service, including some who had
just returned from the seat of war ill
China, taking -part In' it. , The con
course of spectators-was unprecedent
ed, and it may be looked upon as one
of the indications of the growing mar
jtia'l ardor which recent events have
evoked. - "r ''
The return of Minister Konura from
Sf1 Petersburg en route -. to his new
post in China and that of Minister
Kuriuo from' Paris, together with the-
appointnieuf ' of Baron- Kaneko to the
post of minister of justice, are to fur
ish occasion for' a' notable banquet of
'the Harvard club, of which all three of
these distinguished men are members.
It will be, held iii the latter part of
this month. .
FORTY-FIYE LOCOMOTIVES. .
Reading, Tenii, Xovs28.rThe riiila:
delphiu and Reading- Railway company
has placed with the Baldwin locomo
tive works, at Philadebmia, an order
for .f rty-five 'locomotives. . .Ten of
theni will be : for passengers- and thirty-five
for freight traffic. ;Ajl are to lie
delivered within a. year,-:.- ; -.
,' ' GOLD IX abuxdaxce; . ,
San Fra'nciscrf. Nov 28.-iTIie! steam
ier CnriicTwK has :af rived fronti MeXiuau
ports with $500,000 in gold-bullion and
specie. The bullion is from mines back
Mazatlan and Attain.- The Curjicoa
al$o' brought several tons- of ore to be
.smelted ; -i - .-r - . : ,
LETTER FROM CHINA.
Waterbury Man Receives News From
His Friend in Pekiu. -Pekin,
China, Sept 20, KMX).
Dear Friend Patrick: ;
I received your kind letter Septem
ber 25th and was glad to hear-you are
all right again and also to hear that
all the folks are well. I am in China
at present, and had a hard time in get
ling to Pekin. AVe lost a good many
of our men in reaching here. The first
city we got into was Tien Tsin. There
was a. terrible slaughter of Chinese. It
is estimated that, about 75.000 Chinese
were killed in Tien Tsui alone. It
Was something terrible to witness.
We had to march from Tien Tsin to
Pekin. a distance of about, eighty-five
miles, and tight all the way" through
and sleep in coni fields. It was very
little sleep Ave got. We reached Pekin
on August 14th and took the great wall
that surrounds it. I'nder heavy firing
on the following day we took the Sa
cred City. Patrick, they are different
Chinamen from what you have got in
the States. They had some fine gnus.
Tlie wall around the" city of Pekin is
about fifty feet high and forty feet.
wide. e took the Sacred City, where
a wnne man never entered lietore. on !
the 14th. In tho, city of Tien Twin
the dead Chinese were so thick we
were walking over them. " We can't
tell how many Chinese were killed in
Pekin yet. but there was quite a good
many. "
Patrick I will write you a longer
letter the next time. Tell all the boys
I'seud my best wishes to them all. and
also to your sister. Mrs Hanlon. Let.
ne know how your brother Edward
is getting along. No more at present.
Write soon and tell John to write..
FELIX CLARK.
Comnanv E. Fourteenth United States
Infantry. Pekin. China.
WILL APPEAL TO PRESIDENT.
Commissary General Egan Will
Not
Apply for Retirement.
New York. Nov 2S. A special dis
patch from Washington to the Tribune
says:
Charles P. Fagan. commissary gen
eral of subsistence of the army, has
come to Washington, it is understood,
to appeal to the president, for a pardon
and for restoration to duty. He was
suspended from his rank and office for
a term of six years 011 February 7. 18! (9,
for his language before the court of
inquiry 011 army beef. He has called
at the White House, but he failed to
see the president, who, it is generally
rumored, offered , some time ago to
remit the sentence of the court-martial
provided General Eagan will apply for
retirement This General Eagan has
refused to do. it is said, contending
he is entitled to return to-duty and
vindicate himself before retiring:
Under the law. General Eagan does
not teach the age of regular retire
ment until January . 10. 1905.
DISTINGUISHED JAPANESE HERE
S:n J-'rancisco. Nov 28. A party of
distinguished Japanese officials ar
rived in this city on the steamer
Nippon Maru. Captain. T. Matsue and
Commander K. Y.-unada will inspect
some of our modern, war vessels find,
provided satisfactory terms can be
made, negotiate for the construction
of one or two more gunboats or cruis
ers. They will then go east and to
England to inspect the torpedo "boat
destroyers now being built there for
Japan. II. Keizumi. superintendent
of the Yokohama warehouse depart
ment and chief accountant in the Jap
anese custom house, is 011 his way to
France to investigate custom house
.taxation.
A NEW PHILOSOPHER.
.Cambridge. Mass. Nov 28. Dr Ben
jamin Rami, of the department of phil
osophy at Harvard, as the result of
his investigations among English man
uscripts, announces the discovery of a
new and modern stoical philosopher,
iii the third Earl of Shaftesbury, here
tofore best known as the author of the
"Characteristics." The "Philosophical
regimem." as Dr Rand terms the new
ly discovered production of this ethi
cal . writer. t embodies a - philosophy
which he pronounces the strongest ex
pression of stoicism, since the days of
Epictetus and Marcus Aurelius. and
lie characterizes Shaftesbury as "both
in theory and practice the greatest
stoic c-f modern times.
CITY NEWS,
Sheridan council. K. of C. will en
tertain their friends iu Leavenworth
hall to-night.
Miss Alife Wolff of Laurel street
will spend the Thanksgiving holidays
with friends in New York. ;
The remains of Christian Kirscb will
be taken from his late residence on
Ledge Side avenue- to Torrington for
burial to-morrow morning at 7:30
o'clock. The interment will be in the
Catholic cemetery at that place.
The oi.y and town have settled their
differences regarding the division of
the town appropriation of "$35,000 for
highways. The city has agreed to ac
cept $15,750 and the town gets tlie
balance.'. Judge Wheeler, - who was
called upon to arbitraate the. lnattei-,
has been notified of the 'agreement.
A-pre.tty marriage was solemnized at
the Immaculate Conception church
this liiorniuK at 8:30 by the Rev Father
O'Brien, who' also celebrated the nup
tial niass which followed. The con
tacting parties- were . Thomas Fitzger
ald of Riverside park and Miss Nellie
Connor of 19 Plensaut (street,, two well
known and very popular, young people
in social circles. Michael 'Fitzgerald
aud Miss Nora Cretin werV best man
and bridesmaid respectively.
S. Goodfriend, representing Herbert
Kelcey and Miss Etlie Shannon- is in
"Vaterbury to-day, "making arrange
mCnts'fdf the appearance of those two
stai s.-v Tlicy have a. ne1w; pieces this
season.'" entitled ."My1 Lniiy Dainty,"
and it is said to bp oneNof the best and
prettiest of the many plays in Whtch
they hav4 appeared.; Interest-will cen
ter around'. the production from ,an
ptjier . cause a lso.i, because Bruce - Ed
wards is the manager of the company.
He was' formerly city editor of . the
Hartford Tost, and has many (riends
in this 'city who will be ph-nsed to see
him here on that evening.; . r
TRAIN WRECKED.
Heavy Rains Loosened Earth
and Caused Washout.
THE TRACKS CARRIED AWAY.
Express Messenger Casey Was
Drowned Tassengers Were Badly
Shaken Up Several of the Train
Hands Were Injured Engine and
Express Car Completely Submerged.
Pittsburg, Penu, N.
1 1 - OQ 'I' : . .
41 .1... . ' "
,ut- v ieeianu and Pittsburg rail
bv h 'h, Wt 1,,tts"-S at 11 o'clock
Vt 1 as,t evenln. as wrecked
at Lot) o clock, half a mile west of
-.lavor, this morning, There were at
first reports of heavy loss of life ha v
ng occurred, but later reports put the
number at one. with several injured
the,.. dead: Kx press Messenger Ca
sey, drowned and body not
Tiie injured: Engineer Albert Cousrhl
anoi-r of Cleveland, who stuck to his
post and went down into tho ni.i
river. He had one foot cut off, but is
not oriierwise hurt.
Conductor Frank Connell. slis-htlv in
jured.
J. A. Allen, baggagemaster, slightly
injured- . , , .
John Taylor, Tullman porter,
les not stated.
injur-
All ot tlie passengers are thought to
have been saved .though ' many of
them were badly shaken up.
When the train left. Pittsburg union
station it was composed of engine, ex
press and baggage cars, two coaches,
mail c?r and one sleeper.
The cause of the wreck was a wash
out. There had been recently laid
some new tracks along this setion of
the road, and the heavy ' rise jn the
Ohio had loosened the earth. The ear
lier trains had passed over safely, br.t
some time before; the arrival of No 41
the tracks had been carried away. Into
t'lis. while going at its usual speed, Xo
41 plunged, and the engine and th?
.onUre train were precipitated into the
liver.
There had been alarming reports of
heavy loss of life spread in Pittsburg
end at Beaver. In the latter place
some of the passengers who made their
way into the tovw from the scene of
tiie wreck placed the number of dead
at nineteen, but. this was denied by the
railroad officials.
The engine and express car are com
1 lelely submerged and all coaches on
ttieir sides down in the river. The ex
press messenger is in his car yet.
BASKET BALL.
All preparations have - been com
pleted for the opening game of profes- .
sional basket ball in Waterbury to
morrow night at the Jacques auditori
um on South Main street. This is a
new. venture in tlie line of sports, but
present indications point to its becom
ing the chief indoor sport of .the win
ter season. Manager Dixon, who has
had charge of the arrangements inci
dental to the game, has worked like
a beaver tlie past few weeks, and it is
wished and expected that a large
crowd will show their appreciation of
his efforts by attending the games to
morrow night. There will be two
games, the first commencing at 8:15,
the second at 8:45. The Clock shop
and the Sterling Athletic club teams
will be the contestants in the first
game, which will 110 doubt be a hotly
contested one. Both teams are com
posed of crack amateur players who
are familiar with all points of the
game. The second game will have "the
Waterbury live and the New Britain
five as contestants. The latter has
been strengthened by the addition of
Bruce and Lnwton of the crack Mid
dletown team. As composed-now it is
oen of the crack teams of the state.
The line-up of the teams in the first
game will be as follows: 1
Clock Shop.
Thompson c. .
Sterling A. C.
Curtiss (capt)
. . G Gearing
. .Schild miller
. . . C. Warner
H. Davis
J. Gearing 1. f.
R. Geariig r. f.
J. Dauaher (capt) 1. g. ..
O. Armbruster . .r. g.
Tlie professional team
will line up
as follows: ,
Waterbury.
W. Reeves c. .
W. Miles 1. f.
F. Dixon r. f. .
.T. Dews ........ 1. g.
T. McFartlaud . .r. g.
New. Britain.
Brace
.... Gladding
. . . O'Donnell
Lawton
Hills
LATE ELECTION RETURNS.
Des Moines, Iowa, Nov 28. The
election returns opened by the state
board of canvassers yesterday show
the party vote 011 ju'esident was: Re
publican 30L818: democrat 209,400:
prohibition 9,502: peoples party 013:
socialist labor 259: united Christian
707; social democrat 1,043. Republi
can plurality 98.352. Constitutional
convention, majority 448. Biennial
election amendment, majority 3i,u8o.
Salt Lake, Utah, Nov 28. The offi
cial canvass of Utah gives Wells, rep,
for governor, a majority of 3,1-33 over
Hoyle, dem.
Boise, Idaho. Nov 2.8. The ' official
count of the vote in the recent elec
tion shows 57.914 votes cast. The high
est Bryan elector has 2.210 plurality.
Glenn. 'Cusion. for congress has 1.227
and Hunt, fusion, for governor, 2,100.
There were 857 prohibition votes. 213
Barker notes and 232 cast for Bryan
electors 011 what was termed the anti
fusion populist ticket. ,
' A CENTURY OLD.
. Merrimac. Mass. Nov 2S. Mrs Anna
Weed, familiarly known as Aunt -Sally,"
died: at the home of her daughter.
Mrs Judith Kimball, here early this,
morning. . Mrs Weed was "the oldest
woman in this section. She would
have been 103 years old next January:
GERMANY HAS ASSENTED.
-:aris,-Xov 28.1-t 1s said on bigri
authority that jGernmuy lias assented
without modification to the joint! note,
prepared by: the- ministers, of; -the
powers at Pekin and that France baa
ttlsoi i concurred. . 1 1 - v ; i. , -,