North Carolina Newspapers

The,Weather Today: Rain. The News and Observer. VOL. LI. NO. 120. Leads all North Carolina Bailies in News and Circulation ASSERT THAT SCHLEY HIS SHIFTED. GROUND, Lemley and Hanna “Com ment” on the Admi ral's Appeal. .. CHIEF FEATURES OF CASE They Name What They Consider Such and Say Schley Ignores Them APPEALS ON FEATURES FAR LESS GRAVE As to the Question of Who Was in Command, They Quote a Dispatch From Schley to Show That it Was Sampson. (By the Asociated Press.) NVahington, Jan. 30.—The “comment” of Judge Advocate General Lenity and Solicitor Hanna upon the appeal of Ad miral Schley, as submitted to the Presi dent by Secretary Long, begins with 'he •statement that Admiral Schley and his counsel have shifted their ground. They say the chief features of the case were “the retrograde movement” “disobedi ence of orders;” “inacuraie and mis leading official reports;” “failure to de stroy vessels of the enemy, lying within sight;” and “injustice to a brother offi cer.” These matters are all grave. The first was that the finest aggregation of American naval vessels under one com mand, by Schley’s direction, turned about and headed for Key West, more than 700 miles distant. when within twenty-two miles of Santiago, when the enemy’s ships were. The second was that Schley deliberately and knowingly disobeyed the Secretary’s order over taking him in his retrograde movement. The third was that Schley’s reason, offi cially given lor t lie retrograde move ment and disobedience of orders, i. e. “that the Fying Squadron was short of coal,” was not true. The fourth Was that for three days some of the Spanish ships lay within reach of the Flying Squadron, and no sufficient effort was made to destroy them. The fifth involves the point of honor. The commentators •'a} : ‘Upon all the above named features, belie bed by us to be the most important, if not the only really important mat ters, into which the court made inquiry, the conduct of Admiral Schley was con demned by that most distinguished trib unal: Admiral Dewey and Rear Admirals Bcnbam and Ramsay united their find ings and opinion upon till of these sev ere points.” The commentators charge that Admiral Schley now ignores all these grave mat ters and bases his appeal upon relative ly unimportant features of the ;ase. The commentators say they recognize the fact that Admiral Schley devoted bj far the larger part of his appeal to the question of command, and conse quently give that question a proportion ate space in tlieir comment. They de clare that the question is between Samp son and Schley, both alike interested, and to investigate it fairly both should be heard. "it is admitted that tlie precept was broad enough to have permitted the court to gc into the question, but it is recalled that, athough the Judge Advocate ex pressed a willingness to enter upon it, the court did not deem it necessary or proper to do so. The Judge Advocate, .hey say, might have shown that it was Admiral Sampson’s plan of night block ade that forced Cervera to come our in the daylight, and Captain Clark is quoted to support that statement. They quote Admiral Schley in his tes timony to the effect that the American ships charged in “acting to the original plan to sink the enemy in the channel,” and that that plan failed because (he enemy succeeded readily in passing the battle line. They ak why did the enemy succeed, and declare “the Brooklyn, having aban doned her position on the left of the line, thereby left an unguarded opening along the western shore, through which the Spanish fleet passed our ships and at tempted to escape. The court's opinion is quoted to the effect that the Brooklyn lost, distance in position by the “loop” anil delayed the Texas. To sustain their contention that Sampson was in command, the commen tators quote from Schley's report of July 6, 1898 as follows: “The dense smoke of the combat shut out from my view the Indiana and the Goucestcr, but, as these vessel were closer to your flagship, no doubt th ir part in the conflict was under your im mediate observation.’ They remark: “Nobody has ever disputed Grant’s title to the victory at Appomattox, though then lying sick some miles from the place, of surrender so far .hat it was teared be could not be reached within he period of armistice. Thonga Howard was seme*' officer present at the capture of Savannah and Sherman absent on one of Admiral Dahlgren’s gunboats, nobody has questioned Sherman's famous report to Lincoln: “ ‘I beg to present you, as a Christmas gift, the city of Savannah,’ and as show ing Schley’s own opinion of who was i;i command .they quote this passage from his dispatch of July 10, IS9S, to the Secretary of the Navy: “From some mortification that *.ne newspaper accounts of July 6 have at tributed victory of July 4th, almost en tirely to me. Victory was secured ny the force under the command of the com mander-in-chief of the North Atlantic station, and to him the honor is due.” Further they quote Schley’s letter of December 18, 1901, to Secretary' Long, justifying the “loop” on the expressed ground that it was made “in the execu tion of the stauding order to close in.” it is asked, “but if he was then him self ir. command, how happens it that he was executing the orders of somebody else in command?” * * * before the Court of Inquiry, every proof raised to support the contention thiv Commodore Schley did anything to achieve the vie tory by issuing orders as commanding officer of the American fleet was re moved. The plain truth was for the first time revealed that Commodore Schley did not exercise command on that day over any ship, except, to some extent, his own flagship, the Brooklyn.” The comment at this point contains a number of extracts from the testimony to sustain this contention. Taking the Brooklyn’s signal book it is stated that this showed that the Brooklyn gave only (Continued ou Page Five.) AIDED map LOVE Two Desperate Criminals Overpower Their Guards and Escape. (By the Associated Press.) Pittsburg, lhy Jan. 30. —Edward and j Jonh Biddle, awaiting execution ?u the | county jail for murder of Grocer Thomas ; D. Kahney, of Mount Washington, over- j powered the guards at 4 o’clck this; morning and escaped. Both prisoners had been provided with j saws with which they cut the bars in j their cells and were ready at any mo ment to make an opening sufficiently large to pass through- The prisoners oc cupied adjoining cells on the second range. They had evidently been prepar ing for escape for some time, and had assistance from the outside, as both were armed with revolvers. Shortly before 4 o’clock one of the Bid dles called to James AlcGreary, who had charge of the outside gates, and asked for some cramps medicine in a hurry, saying his brother was dangerously sick. McCreary hastened to the cell with the medicine when John Biddle sprang through \he opening in the cell, and seizing the guard around the waist, hurl ed him over the railing to the stone floor beneath, a distance of sixteen feet. Edward Biddle joined his brother imme diately and both, with drawn revolvers, huried to the first floor, where they met Guard Reynolds and shot him. There Avere but three men on duty and the third mas on one of the upper ranges- He was ordered down at the point of the revolvers and the three guards were put in the dungeon. The keys were taken from Keeper McGeary and the two desperate prison ers who could not interfere or give an alarm. The Biddles tvent to the ward robe Avhere the guards keep their cloth ing and each put on a new suit. They then unlocked the outside gates and passed out into Ross street. The escape was ’it discovered until the daylight guards came on duty, at 6 o'clock. They were informed by prison ers where the right guards had been put i and they Avere soon released from the; dungeon And sent to the Homepathie j Hospital. Warden Peter K. Soffel, who said he \ believed that his wife ay as responsible ! for tl.e furnishing of the revolvers and | saws to the Biddles, which enabled them ; to escape. In her infatuation for the handsome desperado, EdAvard Biddle, it is alleged that she left her husband and her four children, and it is supposed was to meet the escaped convicts at a place agreed upon. Mrs. Soffel was the only person admit ted to the ail since last Sunday. Yester day afternoon she visited the Biddles during the warden's absence. Last evening she retired at 9 o’clock. She told her husband that she was going j so visit a sister at McDonald, an i that' she would retire early so that she could got. an early start. Warden Soffel tvas f bout the tail until after 12 o'clock. He retired to his room, which is sepaiato fion. Mrs. Soffel’s, shortly before 1 o<lock. Wien he awoke this morning, l»e asked for Mrs. Soffel and Avas informed that siie Avas absent. loiter, Avhen the letails of the escape became knoAvn, ho\ tele phoned to McDonald and was informed tret Mrs. Soffel was not there. Our Apple Display. Adt'ices received from Mr. T- K. Bruner, noAv at the Charleston Exposi- t tion, say that many of the handsome ap- i ides he collected in the Avest have rotted ■ because of poor cold storage. He says the North Carolina display is the best there in apples, but he fears he can not keep a full variety on hand till North Carolina Aveek arrives. Fifteen Days For Vagrancy. The mayor yesterday gave George Murphy and Charles Rice each fifteen days for vagrancy. Both are Avhite men who have been begging in the streets and at the back doors of houses. RALEIGH. NORTH CAROLINA. FRIDAY MORNING. JANUARY 31, 1902. PERMANENT CENSUS BUREAU IS FAVORED House Passes the Bill For Its Creation. TO BE BORN FIRST OF JULY Bill Also Provides for Manufacturing Census in 1905 COLLECTION OF COFTON STATISTICS Mr. Klut‘z Advocates the Bill’s Passage, Say ing This Provision Should Commend Measure to Members From the Cotton States. (By the Associated Press-.) Washington, Jan. 30.—Tile House to day passed the bill for the creation of permanent Census Bureau. The friends of the Civil Service Jaw who were op posed to making the employof the bureau eligible foi transfer or retention Avere overwhelmingly defeated. By the terms of the bill the permanent organi zation Avill succeed the present temporary organization July 1, 1902, and all em ployes on the rolls upon 'he date of the passage of the act A?ill become eligible for transfer to other departments or re tention in the permanent organization. THE FIRST STEP IS TAKEN TO DETHRONE PRITCHARD E. C. Duncan Charged by Raleigh Republican With Wilful Violation of Civil Service Law. Writ ten Specifications Received by the President. (Special to News and Observer.) Washington, D. C., Jan. 30.—The first move for the control of the next Re publican State Convention and the de thronement of Jeter C. Pritchard as the Less of North Carolina was made here to day. The President and Civil Service Com mission received Avr’tten specifications signed by a prominent Raleigh Republi can, against E. C. Duncan, internal reve nue collector for the Fifth North Caro lina district, charging wilful violation of the Civil Service loav and regulations thereof. Duncan is specifically charge! with in terference in the political affairs of the Fifth Congressional district Avhen Thom ♦ ’•'he bill also provides for a manufactur ing census in 1905 and for the collec tion of certain special statistics annu ally. During the discussion of the bill, Mr. Maddox (Ga.), expressed the opinion that the proposed collection of annual statis tics upon cotton, under the bill Avas in the interest of the speculators. “I air. sorry to hear a gentleman from the South express such an opinion,” ob served Mr. Hopkins. "The collections of these statistics will be for the benefit of the planter, manufacturer and labor er.” Mr. Kluttz (N. C.), advocated th< pas sage of the bill urging the provision for the annual collection of cotton statistics as tin especial reason why the bill should commend itself to members from cotton groAvirrg States. Mr. Maddox (Ga.), demanded the ayes and noes upon the passage of the bill, hut only eleven members seconded the demand and the bill avas passed without division. The House then adjourned. % DR GEORGE T WINSTON. Appointed Member of the Board of Visitors at the Naval Academy (By the Associated Press.) ,Washington. Jan. 30.—The* President has appointed the following Board of Visitors at 'he Naval Academy-^ William Butler Duncan, Neiv York: Francis Rawls, Philadelphia; James R. May, Portsmouth, N. II.; L. W. McGrud er, Vicksburg Miss.; Eugene L. Zimmer man, Cincinnati. Ohio; Dr. George T. Winston, Raleigh. N. C.; Francis U. Gault, Tacoma, Wash. The Peanut Situation in Halifax, (Roanoke News.) Halifax county grows the Spanish pea nut almost exclusively and the crop last year was just about one-half of Avhat was expected. The State farms lost nearly their entire crop by freshets and farmers generally report that the crop was very short. The same conditions ap pear to have existed in other peanut sections. Some of the Halifax county farmers who have heretofore planted peanuts say they will not plant them at all this year, while others may become encouraged by the prospects of higher prices in the future and plant increased acreage. A BILL 10 REPEAL WAR REVENUE TAX Ways and Means Committee a Unit For It, k „ TO PREPARE IT AT ONCE The Taxes Will be .Reduced Sixty - Eight Millions. THE TAX ON MIXED FLOUR WILL REMAIN The Bill is to Repeal Du’ies on All Articles Except Tea op July 1, Duty to Remain on This Till January 1, 1903, (By the Associated Press.) Washington, D. C., Jan. 30-—The Ways and Means Committee by unanimous vote today instructed Chairman Payne to prepare a bill repealing all the war revenue taxes except the tax on mixed flour. The actio.n taken was in the form of a resolution to the effect that the bill should providwfor the repeal of the duty on tea should go into effect January 1, on the tea should go into effectJattaon 1903. The only division in the committee was an amendment proposed by Democratic as Settle Avas defeated for nomination at Burlington in IS9B, and Spencer B. Adams was nominated for Congees. He is charged with the same conduct in the First, and Fourth districts in 1900, when Meekins and Nichols were defeated for the nomination for Congress in these districts. A request is made that in support of the charges Thomas Settle, 1. M. Meekins, D. H. Abbott, John Nichols, IT. L. Grant, G. W. Cobb, Claudius Dockery, H. C. Docker}', and perhaps others, be subpoenaed to give their testimony. These charges are said here to be the elimination of the defeat of Bernard. ♦ members. Representative Richardson, of Tennessee, proposed an amendment to put trust-made articles on the free list. This Avas defeated hy a party \'ote. Representative Richardson, of Louisiana, moved to continue th</ tax on “bucket shops,” this was also defeated on a party vote. Representative Newlands, of Ne vada, offered two amendments, one ex cepting from the repeal the tax on ptrol eum and sugar refineries and another imposing a tax of one-tenth of one per cent, gross receipts of any industrial corporations having receipts of $1,000,000 annually. Both amendments were de feated by party \ r otes. Chairman Payne made the following statement od the proposed repeal: “The Treasury now has an available cash balance of something over $174,000,- 000. It is not likely that this will be in creased materially during the present fiscal year, as the Treasury is buying bonds at a rate that will use up the sur plus to accumulate between this and the end of the fiscal year, June 30th., next. “The Secretary of the Treasury’s re port estimated a surplus for this year of $100,000,000 and subsequent reports seem to confirm this estimate- The committee therefore thought it was entirely safe to repeal the remainder of the war revenue taxes amounting to sixty-eight million dollars, and the tax on tea of nine mil lion dollars in the aggregate $77,000,000 at this time. This Avill still leaA ea sur plus estimated upon this year’s receipts and expense of tAventy-tAAo or three mil lion dollars for the year, Avhile we Avill start upon the next fiscal year ivith $164,090.0(9) vailable cash in the Treasury. The committee deems it wise to hate t.h< repeal of the tax on tea take effect on the first of January next in order to enable those, especially retailers and small dealers, who ha\'e small stocks of the duty paid goods on hand, to dispose of them before the repeal takes effect. We can provide a rebate on the tobacco tax and guard against any fraud upon the revenue the reason that the In ternal Revenue Department has this trade under close surveillance and can and av ill take an account of the stock in the dealers hands on the first day of July next. But this ivill be impossible as to teas which come in as customs duties, and of Avhioh the Government has nc account sa\e as they are import ed in large quantities by the importers. Continuing this tea tax to the first of January will gi\'e us six months’ revenue in the next tlscal year upon tea, and will make the ultimate reduction for the next year considerably less than $75,000,000. The bill will be presented to the House as soon as it can be prepared.” SALE OF NEW BANOVEB BONDS A Premium of $1,312 50 Paid on the Issue of $50,000 (Special to News and Observer.) Wilmington, N. C., Jan. 30. —New Han over’s issue of $50,000 bonds, authorized by the last Legislature, tor the perma nent improvement of the roads of the county were sold today by the commis sioners to Jno. S. Armstrong, \icc-presi •ddnt of the Atlantic National Bonk, whom it is understood was representing a Northern firm. Mr. Armstrong paid a premium of $1,312.50 for the certifi er, tes which hear 4% per cent, interest, payable semi-annually and mature in twenty-five years. There were fiA'e other bidders from Cleveland, Cincinnati sind Columbus, Ohio, all of whom offered a 1 remium. SKINNER IS CONFIRMED. At United States Attorney For the Eastern Dit trict of North Carolina (By the Associated Press.) Washington, Jan. 30.—The Senate to day confirmed the nomination of H. Skinner for United States Attorney for the Eastern District of North Carolina. A TOWN IN FLAMES Ivanhoe, in Wythe County, Virginia, Almost Swept Out of Existence (By the Associated Press.) Roanoke, Va., Jan. 30. —The little town of Ivenhoe, in Wythe county, was almost entirely destroyed by fire early this morning. The stores of J. W. Miller, E. Huddles, J. C. Lawson, Pierce & Com pany, a new brick building just com pleted and intended for a bank; ttvo grocery stores, the postoffice and several dwellings were burned. The building in which the postoftice was located was also used by Postmaster Jewett and family at a dwelling. The flames started in the store of J. W. Miller, but the origin or the money value of the loss has not yet been learned. DEPARTMENT OF AGRICULTURE The Committee’s Report Considered by the Con stitntional Convention. (By the Associated Press.) Richmond, Va., Jan. 30.—1 n the Consti tutional Convention today Dr. Mcllwaine offered an amendment, providing that the. Department of Agriculture should be permanently located at the capital of the State. Chairman ' Stuart moved to amend so that it should read "Avith poav er to establish branches elsewhere.” The amendment was accepted, and as amend ed tlte substitute offered by Dr. McU waine was adopted. Mr. Hubbard offered an amendment re quiring that the Commissioner of Agri culture should be a practical farmer. The amendment was defeated, yeas 5; nocs 16. Mr. Brown offered an amendment pro viding for a Bureau of Immigration, to be managed by the Board of Agriculture and Immigration, which was adopted. Chairman Green, of the Coinmtitee on Bill of Rights, presented the report of that committee. Chairman Fairfax, of the Committee on Finance, submitted the report of that committee. The latter is the last report coming from a regular standing com mittee. Mr. W. A. Anderson offered a resolu tion authorizing President Goode to ap point two additional members of the Committee on Final Review, which was adopted. The convention, at 1:55 o’clock adjourned. SHOT AT DOO. KILLED FRIEND. Sad Death of Young Jasper Aimerson Johnson Gets $1,500 Damages (Special to News and Observer.) Goldsboro, N. C., Jan. 30.—Jasper Aim erson, aged about 20 years, a promising young man of Nahunta township, was shot last evening by his companion and relative, Pharaoh Davis, near Fremont, N. C., death resulting this morning. The young men were en route to Fremont and on the road were assailed by a dog. Davis drew a pistol to shoot the dog, but while in the attempt to cock the weapon it went off, the ball passing through his left hand and into the side of Aimerson. Mr. Richard Johnson was awarded dam ages in the sum of $1,500 by the jury to day. The action was against the Atlan tic and North Carolina Railroad and damage asked Avas SIO,OOO. It aa’ill be recalled that Mr. Johnson, in getting off a train at LaGrauge, fell and broke his arm. Asheville Will Open Carnival. (Special to News and Observer.) Asheville, N. C., Jan. 30.—Asheville has been invited to open the grand carnival at South Carolina Inter-State West India Exposition, Charleston. Avith “Asheville Day.” Imitations have been extended through Mrs. Simmons, president of the' Woman’s Board Exposition, and also en dorsed by Colonel Aver ill, director gen eral of the exposition. Mrs. H. McCall Travis has written Mayor Miller, inviting him to name February 10th as "Asheville Day,”, and also to appoint a maid of honor ( to be queen of the carnival. PRICK FIVE CENTS. 1113 DAMNABLE, CRIES TILLMAN Miserable Canting Attitude Toward the Filipino. HE LASHES IMPERIALISTS Real Murderers of Our Troops in the Philippines. TILLMAN TALKS OF THE REVOLUTION And Draws a Deadly Parallel Between Great Britains Warefare on the Colonies ar.d the Effort of Subjugate the Filipinos. (By the Associated Pres.) Washington, Jan. 30.—Today’s session of the Senate was entirely void of the tumultuous scenes which characterized the sessions of the past three days. Af ter the Philippine tariff measure was ta ken up at 2 o’clock Mr. Tillman deliv ered a speech devoted almost entirely to a discussion cf the part his State took in the war for the independence of the Colonies. Incidentally he referred occasionally to the pending bill, drawing morals, as he said, for the benefit of the majority that they might be applied to the present trouble in the Philippines ;.n<l to ’his Government’s treat oent of the Filipinos. At the conclusion of Mr. Tillman’s speech Mr. Morgi t took the floor in order that he might proceed at 2 o’clock to morrow Avith his proposed discussion of an amendment which he has offered to the pending bill. The South Carolina Senator, said he, hod little intention to discuss, except in an incidental way, the Philippine Tariff I?ill. He desrefl, he said, to coutnue the discussion of the “very Intere stj»il his torical subject” which 'had been brought to the attention us- the Senate by Mr. Money (Miss.) He would have had some, tl-.ing to say about the matter yesterday had not Mr. Lodge employed what he considered ungracious tactics. These tactics were supplemented by other Re gallant young friend from fod'ana (Mr. Beveridge) leaped into t.l < art na and charged the minority with conspiracy and obstruction.” “The Philippine Tariff Bill,” he con tinued, “is very important from the standpoint of those who propose to pur sue rtTentlessly and remorselessly the present Philippine policy, although the Senator from Utah (M\ Rawlins) has shown that there is now ovet there plenty of money for the carpel-baggers to spend.” Discussing the historical subject raised yesterday, Mr. Tillman said: ‘I am glad that Massachusetts has one Representative m this chamber—wen if South Carolina has only one,” lie inter polated significantly, "who stands sturdi ly for the principles upon which this Government was founded- those princi -1 lcs which constitute the true roa 1 to liberty.” 1 He then entered upon an elaborate ac count of the part South' Carolina tool; ir. the war for the independence of the (’denies although in scil ne wish ill pie pared to do so great a subject justice. While Mr. Tillman was speaking sev eial Senators engaged in conversation among themselves. ”0 this Mr. Tillman objected because of the interruption and he requested that those so engaged re tire to the cloak rooms. For once ho was, he said, making a speech for home consumption. “Os course,” he said, “the Senators on the Republican aide are not interested. I could hafdly hop*' to reach on such a subject the minds and hearts of the calloused majority—the commer cialized, money grabbing, money loving majority, as such a subjtct is not in con sonance AVith tile miserable, earning, damnable at’itudt which that party is in w assuming." By the. time he had concluded this linquistlc diversion Mr. Tillman had the attention of all tie Senators present. Mr. Tillman declared it was the his tory of all conquering armies Avhen prosecuting such a struggle as the Brit ish pressed against the revolutionary colonists and which is now being carried on by the British in South Africa, that they committed cruelties and trampled upon all the obligations of humanity. “And I would ask the majority in this chamber,” he said, “if, in trying to force the Filipinos to accept our Government without a promise, they are not inviting the exasperation of the natives and a spirit of perpetual insurrection.” The effort to treat the Filipinos “as chattels-—as cattle,” he declared was “damnable,” and he charged the ma jority side with being the "real murder ers of our troops in the Philippines.” “But,” he asserted, baking his linger at the Republican side,” if we can gag you and force down your throats a scin tilla or small dose of the principles which actuated the men of Massachusetts in 1776, we will have done our duty to the country and to humanity.” In a brief colloquy with Mr. Burton (Kansas), an allusion was made to the remark of Mr. Tillman yesterday about the burning of negroes in Kansas. Burton said no one in Kansas was prowl of committing murder, and Mr. Tillman retorted, "They preferred to murder them in the Philippines.” Commenting upon the sedition laws promulgated hy the Philippines Com (Continued on Page Five.)