The Weather To-day: IKSSSSEI RAIN. The News and Observer. VOL.XLVII. NO. 22. LEIIS ALL NORTH CAROLINA* MILES i NEWS All CIRCLATION. THE HEW FLEET FOR PHILIPPINES Brooklyn, Nashville, New Orleans, Bancroft, Badger. NO GUNBOATS WILL GO NOT FORMIDABLE ENOUGH FOR THE WORK NEEDED. THE NEW SHIPS TO BE UNDER WATSON Aguinaldo Orders Troops in the Northern Pro vinces to Return to Their Towns and to Resume Farming. Orani Expedition Returns. Washington, Oet. s.—The Navy De partment was busily engaged today in arranging to reinforce the fleet in the Philippines as suggested yesterday by Admiral Dewey, in the course of his conference with the President. In going over the field of available ships it was found this morning that the plan con ceived last evening of sending the Ma rietta, and Machias with the Brooklyn would have to be modified so as to drop the two gunboats. In addition to the Brooklyn, the fol lowing ships will be added to Watson’s fleet: Nashville, New Orleans, Ban croft and Badger. It was Admiral Dewey’s idea that ves sels of a larger type than were first thought of should be sent to Manila. He pointed out that the smaller class of gunboats would be exposed to a good deal of unnecessary' danger if they were sent out. To carry out the plans of cutting the insurgents off from their supplies, these vessels must l>e scattered around among the islands often without consorts, and thus exposed to sudden attack. The larger vessels will not only be able to take care of themselves in such oases, but may serve as parent ships from which may be operated a number of the small launches that have been doing suck good service. By noon the Department had com pleted its programme ami was in posi tion to semi sailing orders to the ships chosen to go to Manila. The New Orleans was telegraphed to proceed at once to the New York Navy Yard to have some changes made in the galley apparatus. This change can be made in six days, when, the ship will start on her voyage. The Brooklyn will bo turned back from Hampton Roads as soon as she conjes within signalling dis tance and sent to New York, whence she sailed this morning l>efore the De partment could reach her with orders. She will be ready to sail by the end of next week. A cablegram was sent to the Nashville at San Domingo to pro ceed at once to Manila via Suez, and she is expected to get off within 24 hours. Orders were also telegraphed to the Badger at Mare Island to proceed to the Philippines as soon as possible. No or ders have as yet been sent to the Ban croft at Boston. It was suggested at the Navy Depart ment that three of the four vessels now under orders for Manila will pass through the Suez Canal, so will be avail able to divert to South Africa should matters there take shape requiring the presence of a United States naval force. ORDERED TO THEIR FARMS. Manilla, Oct. 5.—11:30 p. m. —Aguin- aldo, according to a report brought to Manila today by a Dominican Friar from the north, has issued orders to the Fili pino soldiers in the northern: provinces to return to their towns and to resume farming. This story lucks confirmation, but the rumor may be in accordance with Aguin aldo’s policy of ke-epiug the country as productive as possible by using his mew in alternate shifts on the farms or under arms. Dagupan, San Fernando and Deli odnict, which are under die guns of the United States warships, are supposed to be evacuated. It is alleged that the evacuation order calls upon the male inhabitants to be orderly in case of the arrival of the troops and expresses the hope that the Americans will protect the towns. BRINGING ITRDANFTA’S HULL. Manila, Oct. 5.—5:10 p. m.—The expe dition sent, to the Orani river under the command of Captain Cornwell, to re cover the sunken gunboat T Jrdaneta, re turned to Cavite yesterday with the hull of the boat, after bombarding Oraui and landing a force. Captain Cornwell brought one prisoner. Lieutenant Franklin of the army gun boat Laguna de Bay, guided the expedi tion. There were no casualties. On Monday morning the expedition en tered the river and anchored above Oraui, near the Urdaneta, the inhabi tants of the town simultaneously evacu ating it and carrying their belongings with them. The gunboats l»ombarded Orani, the beaches and the surrounding country for half an hour, receiving a Mauser vol ley in reply. The Urdaneta was towed off the bar about 10 o’clock that evening, the opera tions of the Americans being unmolested. The followiug morning the bombard ment was renewed to cover a landing of one hundred and eighty blue jackets and marines al>out half a mile above the town. On entering Orani the Americans ex perienced a slight ritie fire from tin* Filipino trenches. They found the town untenanted and that" the shells had ignited a few huts. The Archbishop of Manila notified General Otis that there was a plot on foot to burn the residences of the Gov ernor General, and the Archbishop, to gether with several government build ings and banks, but the plot failed to materialize, possibly because of a dis play of force. The first reports regard ing the affair at Paranaque last night seem to have been much exaggerated. The facts are that a small band of in surgents, following the bay road, poured a volley into the village and later anoth er into: Las Pinas, with the result that two or three houses were burned. The cracking of the bamboos caused it to be telegraphed to Manila that there had been much shooting. The United States transport Warren from San Francisco with 1,200 recruits, has arrived. The United States gunboat Wheeling from Vancouver, March 3rd, via Hono lulu, while passing St. Vincent, in North ern Luzon, shot down a Filipino flag. The Filipinos fired a volley at the Wheeling’s men who wore sleeping on deck, and the Wheeling bombarded the settlement. SENATOR .JAMES POMES TODAY. New York, Oct. 5. —-Senator James K. Jones, Chairman of the 1 Ivmiocratk* Na tional Committee will arrive at this port on the steamer Umbria tomorrow. 11 * will be met at the wharf bv George Fred Williams, \Y. J. Abbott, I>r. Gird mer and other gentlemen representing lb,* Chicago platform Democrats, as well as by a delegation from: the Democratic Club of New York City. THE DEWEY HOME FUND THE ADMIRAL WILL MEET THE COMMITTEE THIS MORNING. The Fund is Now About $60,000. A Home Will Probably be Built Instead of Bought. Washington, Oct. s.—Admiral Dewey silent the greater portion of today in the McLean mansion on F arraign t 'Square, lie received no callers during tiu* morn ing and only a few during the afternoon, although hundred's of cards were sent tip by the servants in blue and silver livery at the door. Admiral Dewey will meet the mem bers of tin* Dewey Home Fund Commit tee at 11 o’clock tomorrow morning in the office of Assistant Secretary Allen, of tin* Navy, when the first conference regarding the gift of a house to him will Ik* held. It is believed that the fund will amount to $60,000 and that iu view of the fact that a large marble con cern of tihe Green Mountain State has agrbul to donate for the const ruction of a house, it in altogether likely that one will now* I*2 built and not purchase.!, as was at first Intended. DRUGGED AND ASSAULTED. A Sensational Feature of the Maze! In vests ga t'i uns Yesterday. New York, Oct. 5. —The Mazet Com mittee resumed its sessions today. Evi dence was broil gilt out concerning tin unlawful sale of liquor by tenants of buildings owned by tlie city in the parks ini the Borough of The Bronx. Gussie Storm, a 10-year old girl testified that she was drugged ami assaulted by Samuel Leiht. She was subsequent 1. found in bis apartments and both were arrested. She was taken to the District Attorney’s office. June 2-lrh and was asked by Assistant District Attorney Grady, a brother of Senator Tlionvis !\ Grady, tin* Tammany orator, not to press the charge against Leiht. Mr. Grady promised, she claimed, that if she word not press the charge he would see that Leiht was punished and that she con'd go free at once. Otherwise he asserted he would make it bad for her. A letter purporting to Ik* from lie-r was ►sent to the trial judge, stating that sh<* (herself was not altogether faultless. The witness claimed that she had never writ ten such a letter. Ixeibt’s brother-in-law, Joseph Ln.pidus, showed her a similar let ter and tried to get her to sign it. When she refused he told her that others would fix it up. The lifter was sent arid Leiht went free. Grady is now d<*ad. George P. Hammond, a subpoena server, testified that the office of Mr. Moss had been umlet* continual espionage. Mr. Moss asserted that he had asked for "his information because he believed that the ease of Gussie Storm was brought to trial because she had complained to his office. THERE WAS NO ELECTION. Effort to Choose a Successor to the Latte Lawrence Gardner. Washington, Oct. s.—The District of Columbia Democratic (’mitral Committee met tonight to select a successor to the laite Lawrence Gardner as the District member of the Democratic National (Committee and adjourned indefinitely without choice, after taking 11 ballots. Jas. I*. Morris led throughout ami bad ten out of a necessary twelve votes on the last ballot, but the opposition, based largely on charges of luke-vvarmness in supiKu t of Bryan, brought about an ad journment subject to call of tlu* chair man. Tlie National committee may ha v* to name the committeeman without the formal local recorntmendkitSiaaii. The meet ing unnnCimously adopted resolutions en dowing Bryan and the Chicago platform. RALEIGH, NORTH CAROLINA, FRIDAY MORNING, OCTOBER fi, 1899. HIS OPINION IN THE CARTER CASE Att’y-Gen. Griggs Finds the Proceedings Regular. OBJECTIONS DISCUSSED NO ERROR IN REFUSING WEST COTT’S EVIDENCE. CARTER’S RAPIDLY RISING BANK ACCOUNT His Story of Dealing in the Funds of his Father in-Law Westcott Improbable. No Proof of his Efforts to Get West cott to Testify. Washington, Oct. 5. —The opinion of Attorney General Griggs in the case of Captain Oberliu M. Carter of the army, upon which the President approved the finding of the court martial was made public today. After dismissing certain of the minor charges as unproven the Attorney General takes up the more serious questions involved, first con sidering the objections that the charges uiK>n which Captain Carter was found guilty were incongruous. He says that unlike the ordinary criminal procedure the military usage, and procedure permit of an indefinite number of offenses being charged and adjudicated, together in, one and the same proceeding. “It is not necessary,’’ he says, “to discuss whether this practice is wise, or whether it is prejudical to the rights of the accused. It appears to be established by long continued practice, and, so far as 1 am able on investigation to discover without previous challenge.” “But even if this objection were well founded, ’ the Attorney General says, ’he does not think the accused should be allowed to avail himself of the ob jection now because he proceeded to trial without objection to this alleged misjoiner and permitted the court to enter on an investigation of all the dif ferent specifications, and himself brought forward bis defense as to each of them. The objection should have been promptly taken to be made available. The objection concerning th#admission of evidence barred by -the statute of limitations is disposed of by saying that this evdence was “not offered for the purpose of proving against the accused tin* particular offense as to which he had interposed this protective plea, nor of having him declared guilty thereof, but for the purpose of showing the relation between the accused ami the other alleg ed conspirators, and their course and conduct with reference to matters of a nature similar to those, and in many respects connected with those, involved in the -transaction under trial.” For this purpose he thinks the evidence was admissible. Other objections relating to the ad mission of evidence of conversations and acts of the alleged co-conspirators ante dating the time of the particular con spiracy charged, lie also thinks were admissible. Referring to -the seizure of the private papers of Captain Carter, Mr. Griggs says the facts do not show that the seizure was- unreasonable, and that) Carter practically consented to the use made of the papers. The point is made in this connection, that even in the ab sence of such consent it was not in competent to offer the pajiers as evi dence. The use of a letter written by Witness Cooper to Captain Gillette, is condemned, but it is argued that the let ter did not injure Carter. The Attor ney General also finds that the court did not: err in refusing to admit certain evidence offered by Carter, including of his father-in-law, Mr. R. F. Wescotti. This brings the inquiry to the investi gation of the main charges upon which the conviction was based. Summing up many of the specifications, including Captain Carter’s intimacy with Greene and the Gaynors, the method of adver tising for the work and of letting the contracts, the character of the Atlantic Contracting Company, the large profits made on the erntraets, etc., the At torney General says that they might justly be considered as failing to fix upon the accused criminal knowledge and purpose to defraud the Government if it were shown that he had no corrupt personal motive, that lie had not profit ed by these loose methods and irregular and questionable proceedings. He then proceeds to the investigation of these motives. He shows -that in 181)1 the Captain’s salary was only $252 per month and that rrom that lime forward his personal expenditure? In creased very rapidly, being s*>,o47 i’ l 181)1 and $20,(511 in 180(5. The fuel is also pointed out that in 1802 Captain Carter began to make notably large deposits with the Union Trust Company of New York and also to buy investment securities, these increasing until 1805 when liis holdings had increased to a market value of $463,000. Mr. Griggs does not accept Captain Carter’s explanation that he was dealing in the securities and with the funds of his father-in-law, Mr. Wescott, and was the recipient of large presents Jrum him. “If it he true, as contended, that Mr. Wescott had such an- extravagant af fection and regard for his son-in-law as to induce him to confide to him so great a trust, and to make him the donee ot such large sums of money, then the natural suggestion would Ik* that he would be interested intensely in the re sult of the trial in which the honor as well us tlie liberty of his son-in-law were involved. One would naturally think (hat a father-in-law so regardful of his son-in-law’s interest would be quick to rush to his defense, and by his testi mony add confirmation to the story, which, if true, would exculpate him trom these serious charges. ‘"lf is said that Captain Carter made great efforts to secure the attendance of Mr. Wescott as a witness, but there is no proof of it. There is no evi dence that he wrote him or requested him in any wise to appear as a wit ness before the court martial. The inference is that his testimony would not have benefitted Captain Garter if he had appeared. Such is the irresisti ble conclusion, and, therefore, finding that the one witness in all the world who could have created conviction in the minds of the court as to the truth of this extraordinary story withholds him self, and that there is no satisfactory evidence that the defendant made any exertion to produce him, we must con clude that his testimony would not have keen useful. It is also noteworthy that Wescott cancelled the power of attor ney which Carter held, almost imme diately after the accusation against Car ter became public in tlie fall of 181)7.” The Attorney General then shows by an analysis of Captain Carter’s testi mony that in his dealings with his fath er-in-law hi* rendered strict account to that gentleman, and that Carter’s funds in the Union Trust Company were in excess of those of Mr. Wescott during the entire time that lie had control of the latter’s affairs. “The testimony,” he adds, "does not strike me a®that of a man possessisl of a clear idea of the truth and determ ined to tell it, but rather as a clever (Continued on Second Page.) FROM THE JAWS OF OCEAN RESCUE OF THEJ CREW OF THE CARRIE A. LANE. The Schooner Shipwrecked Tuesday In the Gulf Stream, The Crew Brought in by the Rhodesia. Norfolk, Ya., October s.—The British steamship Rhodesia, Captain Bates, loom New Orleans to Hamburg, arrived at Lambert’s Point this morning, having on board the crew of the schooner Car rie A. Lane, of Bath, Me., who were picked up in the Gulf Stream ship wrecked Tuesday. The crew is coni lK»sed of Captain J. Frank Skofield, whose wife is with him, and eight men. Their experience was a most thrilling one. The Lane, which was a three-masted schooner, sailed from Apalachicola, Fla., for Xoank, Conn., on September 19th, with a load of lumber and had good weather up to about Tuesday of last week, when northeast winds set in. She laliored heavily in the sea afterwards, but had no accident until Sunday after noon. All hands were at dinner when the vessel suddenly shipped a heavy sea and shifted her deck-load of lumber. She immediately began to leak, and when the pumps were first put to work she had eleven inches of water in her hold. At 9 o’clock Sunday night there were seven and a half feet of water and the crew took to the deckhouse. Here they remained until Tuesday morning, when a lifeboat was sent out from the Rhodesia, in charge of Chief Officer Jewell, and they were taken on board the British ship. In the attempt to hoist the lifeboat to the deck, after the party had been rescued, it was smashed by the heavy rolling sea and lost. Captain Bates says that the wreck of the Lane is right in the track of vessels plying along this coast, and is very dangerous to navigation. Most of the Lane’s crew reside in Baltimore. Their names are as follows: Mate, C. Van Lippeloy, Edward Jones, L. C. Howe, George Doleman, Ernest Johnson, P. A. Keeler, Charles Albert and Joseph Lienst. ITS LARGEST OPENING. •State Normal and Industrial Starts up With 425 Students. Greensboro, N. CL, Oct. s.—('Special. The State Normal and Industrial College opened today with four hundred and twenty-five students. This is the largest opening in the history of the college. ATLANTA YEARNS FOR DEWEY. Atlanta, Ga., Oct. 5.—A committee from the Chamber of Commerce, the Business Men’s League and the City Council, left here tonight for Washing ton to invite Admiral Dewey to visit Atlanta. If the Admiral accepts the invitation the date of his visit will be left to his choice. THE TEXAS FIRST THERE. Fortress Monroe, Ya., Oet. 5. —The battleship Texas, the first of the North Atlantic Squadron to arrive from Tomp kinsville, steamed into Hampton Roads at 6 o’clock this afternoon and anchored off the fort. The balance of the White Squadron will arrive iu the morning about daybreak. FIFTEEN REFUGEES IN CAMP. Jackson, Miss.. Oct. s.—The official record for today shows no new • eases and no deaths. The camp of refuge north of Jackson established by the Ma rine Hospital Service, has fifteen refu gees in it from infected houses. THE WIND AGAIN LAUGHS AT THEM The Races Once More De clared Off. A DRIFTING MATCH ONLY THIS CONTINUED FOUR AND A HALF HOURS. THEN THE REGATTA COMMITTEE GAVE UP While the Wind Was Astern the Columbia Showed the Shamrock her Heels, but in the Shifting Wmds the Shamrock Gained. New Y’ork, October 5. —Again today the sea refused the Shamrock and Co lumbia a field of conflict; again today tlie multitude which went out to watch the contestants for the yachting cham pionship of the world returned disap pointed and not a little disgusted. The question of supremacy of the two great yachts is still as much an open ques tion as before they first met, as the contest today was in some respects more of a fluke than that of Tuesday. It was a drifting match almost from start to finish. The yachts crossed the line with a breeze of five knots and the wind never blew more than six knots, most of the time less than three, and part of the time not a breath of air was stirring. After sailing four hours and forty-three minutes the yachts hav ing covered only twelve miles of the course to the outer mark, the Regatta eommitte declared the race off, as it was manifestly impossible with the breeze then blowing, for the lioats to round the stake before the time limit ex pired, much less to get back home again. During the time in which the yachts were at it the wind, which carried them dead before it over the line, had hauled around until at the finish they were boating Unto its teeth. While the win ] held astern, the Columbia steadily out footed her rival until she was fully half a mile ahead, but in the shifting, baffling winds that followed diiriug the last three hours, with the great single stickers tacking and beating and gybing to catch every streak of wind, with fortune helping one abont ns much as the other, the Shamrock gradually worked her way up until, when the face was declared off the two boats were about on even terms, the Shamrock perhaps half a length ahead, but so dose was tlie Columbia that Captain Barr could have thrown a biscuit to the foreigner. ’Hie only lesson learned by tin* nautical sharps from today’s trial of the abilities of the two boats is that in light weather conditions the Co lumbia is the superior in running and reaching, and the Shamrock slightly let ter in beating. There has yet been no indication of what either boat can do in a piping whole sail breeze. So gen tV* were me crest less, pulsatng seas that any sort of harbor or river craft, from a steamer to a row boat, could venture out with, impunity, and a vost colony of excursion .boats, oceaiir going steamers, yachts, tugs, sidewiheel ers and sailing vessels, gathered around the red bulk of the Sandy Hook Light ship, seven mules from the entrance to the lower bay, to watx-h the start. A heavy haze hung over the sea and land, and shut off the view of the thousands waiting o.n the Highlands of Naves:uk and the Long Island shore. The torpedo ls>ats, guarding the course, threaded their way in and out through the acres of boats like aieeuieis, their wakes a thread of foaau. warning the excursion skippers to keep ttbedr distance. Hut little difficulty was experienced today', as Captain Kraus interviews threatening dire consequence to die offending skippers had had a wholesome effect. Already the crowd was disappointed. Each one had come down praying for a stiff breeze and had found instead that there was hardly wind enough to keep the flags fluttering. Ml uit there, was cairn* from the northwest by north from over the land. Preparations were made aboard both yachts for the light est airs before the start. The Columbia discarded her heavy steel topsail yard for a lighter and longer pine one and the Irish boat sent aloft the largest club topsail ever seen on, her. large by yards than any used in her trials on this side. Mrs. Iselim, wife of the managing owner of t lu* Yankee lioat and who never fails to Ik* aboard during a race, was snugly ensconced in the conipaniou'way of the Columbia, attired' in a jaunty white flannel yachting costume, with a red streamer around her ih'at. As soon as the committee boat had hoisted the signal (letters “D C L,” making the course 15 miles southeast by south, dead before the wind and return, a puffing tug steamed Straight out to sea to' plant the outer mark, which neither of the racers was destined to round today. Then* was some pretty man Delivering bemud the line before the start, each breaking out her “balloon jib and lower ing her spinnaker -boom as they jock eyed for position. Both got across in the smoke of the last gun, the white •beauty « length ahead and in the wind ward berth. Tlie official time of the start was: Col umbia 11:00:53; Shamrock 11:01:05. The wind was blowing hardly 5 knots. As she crossed the green boat broke 1 4 FIVE CENTS. out lu-r spinnaker, which was in stops. It is an English 'fashion to hoist this sail from the boom, ami th** Shamrock in her trials clung to the English way, but. since her arrival she has. learned many Yankee tricks and breaking oat the spinnaker is one of them. The nip defender was a little slow on, getting her big bellying sail out, and this some what dampened fine nirdor of the patriotic throng of Americans, who love not long so much as forehanded ness rind snd|>, hut sixty seconds later both boats were on even terms, fleeing before the gentle breeze wing and wing, spinnaker balanc ing mainsail and bulging balloon jib dra wing forwa rd. The bells in the engine rooms of the excursion fleet clanged, and the enroll ing hulls started, forward In pursuit. But th§v slowed down almost imme diately and then stopped. The light breeze was carrying the big yachts down the wind at a snail’s pace. They drifted along like two lazy clouds of smoke upon the surface of the wa ter. For almost an hour the spectators on the excursion boats watched them, drift like Coleridge’s “Painted Ship Upon a Painted Ocean.” The only cheering feature of the situation was that the Columbia steadily gained ground, inch, by inch she crept along. At the end of 15 minutes several lengths of clear water showed between her and her green rival. The bands played and a few whistles tooted. On, on she moved until she was fully five hundred yards ahead. It was pictures que, but not exciting. The immense spread of canvas, including the balloon jib was drawing in the gentle breeze. Then the wind began to die and the great balloons of canvas forward col lapsed like meal sacks. At the same time the wind canted a little and Columbia concluded to change her tactics. She took in her spinnaker and tried reaching, leaving the balloon jib set, trot it was a challenge to the (Continued on Second Page.) A MAD RACE WITH FLAME THE LEONA FLIES FOR PORT WITH BAT TENED HATCHES. Firemen Battle Vainly With the Flames When she Reaches New York. The Cargo Practically Destroyed. New Y’ork, Oct. 5. —The Mallory Line 9b ain or Leona, was* burned and sunk at. her whtarf in Bast River tonight. The Cargo, corneas ting of tobacco an I 8.000 bales of cotton, and valued at s2so,oUtf to $300,000 is a total loss, and the hoot Is little tauter than a wreck. I/t is believed that the Leona, which sailed from Galveston. September 27th, caught fire at sea several days ago, since which time silie had iwocmled at fail speed with battened hatches, for ibis ixart. At 3:30 this afternoon tlie Leona came racing up east River to her pier, where haste was made ,to debark the passengers and open the hatches. An hour later an army of men were vainly fighting a fire In the steamer’s hold. Finally the ship was scuttled. As soon as the Leona made fast ta ther pier, about four o’clock the officers of the vessel, oamimiand/id by Captain Wilder, ordered the imimbem of tin* crew to try to put out tthe fire in; the hold without calling the fin* department. This was soon found to be imposibile, and si.t alarm, was sent in. 'By 5:30 o’cl