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The News and Observer.
VOL. LII. NO. 129.
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GREENE AND GftYNOR
RELEASED By CARON
Decision Based on Discrep
ancies in Charges.
WARRANTS MINUS DATES
McMaster Asked if He Will Move
Further For Extradition.
HE WILL TALK WITH IRWIN AND STEWART
The Released Prisoners Receive the Congratula
tions of Their Friends. Caron Wastes
Much Wind in Explaining
His Decision.
(By the Associated Press.)
Quebec, Aug. 13.—Colonel John F. Gay
rior and Captain Benjamin D. Greene
scored a decisive victory today in their
fight against extradition to the United
States, where they are wanted in con
nection with alleged frauds in harbor
work for the Federal Government, in
tolving millions of dollars.
Judge Caron in the Superior court, dis
charged the prisoners from custody of
the sheriffs, Langelier, of Quebec, and
Valee, of Montreal, in whose official care
they have been since their sensational
arrest in Quebec last May. A large
number of the prisoners’ friends were
in the court room and they heartily con
gratulated the two men upon their re
lease. Colonel Gaynor and Captain
Greene left the court room soon after
Judge Caron had concluded and proceed
ed to the Chateau Frontenac. Colonel
Gaynor, who is suffering from rheuma
tism, retired to his room.
It is understood that the United States
Government will institute new proceed
ings for extradition, but up to a late
hour no step had been taken by counsel
representing the Washington authorities.
Judge Caron, who spoke in French, oc
cupied about two hours in delivering his
judgment. In reviewing the legal proceed
ings since the arrest of the two pris
oners, he pointed out that their counsel
had raised an important question to the
effect ihat the warrant issued by Magis
trate Lafontaine was illegal, on the
ground that it did not contain the date
nor the year in which the alleged of
fence had been committed. He could not
presume when the offence was commit
ted, and it may have been previous to
the signing of the treaty between the
United State and Great Britain and if
so the accused could not be held, as the
treaties had no retroactive effect.
Accoring to a deposition made in Mon
treal by Mr. Erwin, counsel for the
United States, in May last, continued
Judge Caron, the accused were charged
with fraud committed on or about Jan
uary 1, 1897. That crime was not in
cluded in the treaties, and that of re
ceiving money and false pretences was
cnly included in the treaty of 1900. This
was fatal to the prosecution, and the
warrant issued by Judge Lafontaine was
defective, as the offence included there
in did not fall under the extradition
treatv: consequently the arrest was ille
gal and the accused must be set at lib
' erty.
After citing authorities in support of
his decision, Judge Caron concluded as
follows:
“Considering that the warrant, in vir
tue of which the petitioners are detained
contains no date of the commission of
the offense whereof the petitioners are
accused; considering that in virttie of
the treaties of extradition existing be
tween Great Britain and the United
States, it is positively proved that these
treaties are such that have no retro
active effort for offences committed be
fore the passage; considering that the
allegation of the date of the commission
of the offense is in consequence essen
tial to give jurisdiction of the commis
sioner to issue a warrant of arrest; con
sidering further that it is not alleged in
the warrant that the offense for widen
said warrant has been issued is one ut
criminal participation, punshable by the
laws of both countries, which is a condi
tion required by the last paragraph of
the first article of the treaty of 1890;
considering that the information, indict
ments and true bills and all documents
produced for the issue of the warrant
show that the offences of which the
petitioners are charged and for which
thvy would have to stand their trials in
the 1 nited States, should extradition he
granted, are not within the terms of the
treaties of extradition between Great
Britain and the United States and dis
close no offence committed by the
prisoners for which they could be ex
tradited under the said treaties; con
sidering in consequence that the war
rant of arrest issued by the said Ulric
Lafontaine, in his above stated capacity,
is null and illegal and could not war
rant the arrest of the petitioner, the
court rejects the said motion of the Uni
ted States, intervening party, to quash
the said w'rits of habeas corpus ad
dressed to me on June 21 last to the
said C. A. Valee, doth declare the ar
rest and detention of the said petitioners
illegal and doth annul and set aside the
said warrant of arrest.
“It is ordered that the petitioners he
liberated and discharged from the cus
tody of G. A. Valee, jailer, of Montreal,
and of Charles Langlier, sheriff of Que
bec, who have present custody of them,
and this order will be the warrant of
the said C. A. Valee and of Hon. Charles
Langelier for the complete and imme
diate release of the prisoners.’’
The First Report.
(By the Associated Pr^ss.)
Quebec, Aug. 13. —Judge Caron, of the
Superior Court, today released Captain
Greene and Colonel Gaynor, the Ameri
can contractors who are wanted in the
United States for alleged frauds against
the Federal Government involving hun
dreds of thousands of dollars.
Judge Caron based his decision upon the
absence of dates on the warrants under
which the prisoners were first arrested
in Quebec; discrepancies in the charges
on wdiich true bills were obtained
against the prisoners in the United
(States, and discrepancies between those
charges and the charges made in the
application for extradition.
The prisoners were at once rrdeased
and received the congratulations of their
friends and the court adjourned.
Mr. MoMaster, counsel for the United
States Government, was as*ked whether
the prosecution intended to take any
further action looking to the extradition
of Colonel Gaynor and Captain Greene.
Mr. McMaster replied that he was un
able to speak positively on the subject
until after a conference with Messrs.
Erwin and Stewart.
There was a large attendance of both
legal luminaries and spectators. Mrs.
Gaynor. accompanied by a number of
ladies, was present during the delivery
of the judgment. Gaynor and Greene
came into court with Sheriff Langelier.
Judge Caron ascended the bench at
10:30 and began the reading of the very
lengthy notes preceding his judgment.
The judge referred to the case as of
great importance, if only by reason of
the unusual proceedings employed, and
went on to say that he would cnly re
view his last two writs. He then read
the petitions of the prisoners tor Avrits
of habeas corpus upon which the writ
was issued, in virtue of which the
prisoners were taken out of the hands
of Jailer Valee, of Montreal, as well as
the answer thereto and the Avrit itself.
The events immediately preceding the
Avrits he also revieAved and Avent o* to
concur in Judge AndreAv’s opinion with
regard to the sensational manner in
which the prisoners’ arrest Avas made
here.
With reference to the attacks made
upon himself, he was sure that the
American Government authorities and
their agents could haA'e had no hand in
them. The notice of the American Gov
ernment’s lawyers to Jailer Valee to at
tend to delivery of Judge Andrews’
judgment was then quoted and Valee’s
compliance therein noted. That judg
ment ipso facto dispossessed Judge An
dreAvs of the priosners and under the
circumstances he (Judge Caron) Avas
quite justified in his subsequent issue
of Avrits of haheas corpus addressed to
Jailer Valee after he had taken posses
sion of the prisoners folloA' ing Judge
AndreAvs’ pronouncement.
Judge Caron next quoted authority for
his issue of a writ of '•erCorarl in his
preAious judgment and showed that the
Avrit of habeas corpus nevertheless re
mained in force eA'en without the ex
tradition commissioner having pro
nounced upon the case, for the prisoner
has always a right to question the jus
tice of his being deprived of his liberty.
American courts had taken a similar
view in the case of a forger who Avas a
fugitive from Quebec province.
In the Eno case the offens-> AVith which
the prisoner was charged in the extra
dition proceedings and that made o!se-
Avhere did not agree. In the present case
there Avas a distinct discrepancy be
tAveen the charges upon Avhich the vari
ous true bills against the prisoners
Avere obtained in the United States and
between them and that made in the ap
plication for extradition- This, as well
as the absence of dates in the Avarrant,
he held to be distinctly fatal to the latter
and he theretore upheld the prisoners’
claims and their objections to the war
rants, maintained the Avrit of habeas
corpus and ordered the release of the
prisoners.
Solicitor Richards Views
(By the Associated Press.)
Duxbury, Mass., Aug. 13.—The decision
of Judge Caron, of Quebec, releasing
Benjamin D. Greene and John F. Gay
lior, was shown to Solicitor General Rich
ards at his summer home here today. He
t xpressed no surprise at the action which
had been taken and said that he would
not at this time enter into discussion of
the case or express an opinion as to the
attitude of Judge Caron.
He would say that if there were any
technical defects in the Avarrant this
could be easily corrected by tljo United
States Government, and having done this,
the Government would renew its efforts
to get the tAvo men back into this coun
try for trial.
He had no reason to believe that un
der the treaty Greene and Gaynor could
not be extradited.
Keox Fas Nothing to Say.
Beverly, Mass., Aug. 13.—Attorney Gen
eral Knox was informed bv the Asso
ciated Press tonight of the release of
Greene and Gaynor at Quebec, and also
was shown Judge Caron's decision. Ho
read the latter carefully and then said:
“I have nothing to say in regard to
Judge Caron’s decision. It would be
highly improper and extremely indelicate
for me to make any comment on any
decision of a foreign court in which the
United States is involved, especially
when the case goes against the Govern
ment.”
To Vote on Dispensary.
(Special to Ncavs and Observer.)
Monroe, N. C., Aug. 13.—An election
has been called in this county to vote
on whether the dispensary shall be abol
ished.
RALEIGH. NORTH CAROLINA. THURSDAY MORNING. AUGUST 14. 1902.
NEW BANK,COMPANY ORGANIZED
The New Hanover Delegation to Congressional
Convention at Fayetteville
(Special to the Netvs and Observer.)
Wilmington, N. C„ Aug. 13.~The re
cently incorporated Atlantic Trust mil
Banking Company organized this after
noon by electing M. J. Heyer, president;
Mitchell F. Allen, cashier, and A. B.
Lynch, D. McEaehern, L. B. Kogers, B.
H. J. Ahrens, J. G. L. Gierschen, R. R.
Bellamy, I. M. Bear, B. Solomon, Matt.
J. Heyer, Jno- H. Kuch and C. W. Yates
to compose the board of directors. One
half of the SI,OOO authorized capital has
been subscribed and business Avill be
commenced October Ist.
The Ncav Hanover delegation to the
Congressional convention at Fayctte\’ille.
August 20th, met this afternoon and or
ganized by the unanimous election of the
following chairman of the delegation,
W. H. Bernard; for Committee on Cre
dentials. Junius Davis; Committee on
Permanent Ohganization, Frank H. St(d
man; Platform and Resolutions, Walker
Taylor; Secretary of the delegation. S.
P .Adams. Geo. L. Morton Avas chosen
as the member for New' Hanover of the
District ExeeutiA-e Committee. Highly
encouraging reports as to the prospects
of Hon. Jno. D. Bellamy for renomina
tion were heard and a general exchange
of views Avas indulged in.
NEGRO PREACHES SENTENCED.
For Criminal Assault Upon a Child Ninth Dis
trict Republicans
(Special to News and Observer.)
Charlotte, N. C., Aug. 13.—Sam Robin
son, a colored preacher, has been sen
tenced by Judge Cable in the Superior
court, to serve fifteen years in the State
prison for a criminal assault on an eight
year-old girl of his own race. Robinson's
victim Avas the daughter of a respected
negro. The evidence showed that the as
sault Avas not successful, hence the light
sentence.
It is more than probable that the Ninth
District Republican Congressional Con
vention will be called to meet here.
George B. Hiss, who is almost certain to
be the candidate, prefers Charlotte, and
it is likely his desire will go. The date
has not been announced yet, but it will
be held early in September.
Through the breaking of a shaft in
the press room. Charles Wills, an em
ployee of the Charlotte Observer, Avas
seriously injured early this morning. The
break delayed the publication of the pa
per and it did not appear until noou. v
The first new bale of cotton for the
State was brought here today from Mor
ion, Union county. It weighs 603 pounds
and will be sold at public auction today.
Now Who Personated Wilson?
(By the Associated Press.)
Atlanta, Ga., Aug. 13. —Colonel R. Lee
Byrd, who recently arrived here from
Boeas Del Toro, Colombia, on a visit to
his brother, has received a letter from
Bocas containing information, which he
asserts is unquestionable, lhat Dr. Rus
sell Wilson, said to have been arrested
by the Nicaraguan government for at
tempting to land a filibustering expedition
at Blucfields, never landed in Nicaragua
at all, but Avent back to Bocas on the
Colombian gunboat and has been there
ever since.
When the attempt was made to enter
Nicaraguan territory, it was found im
possible to land all of the filibustering
(roops, and the gunboat Pinzon re
turned Avith the balance of the men to
Bocas. Dr. Wilson, the latter states,
Avas among these, and never landed at
Blucfields.
“The only thing,” said Colonel Byrd,
“is that some other party used Wilson’s
name, knoAving he had influential friends
in the United States and thus escaped
the death penalty which the Nicaraguan
Government had put upon him. There
is no cable communication with Bocas,
Avhich doubtless, accounts for the fact
that the truth of the case had not come
to light mare quickly.”
The Youngsville Tobacco Market.
(Special to News and Observer.)
Youngsvllle, N. C., Aug. 13.—Big
breaks of tobacco at Youngsville At
a regular meeting of the tobacco
trade the folloAving officers were elected:
Mr. C. C. Cheatham, president; I. W.
Mitchell, vice-president; G. M. Penny,
secretary-treasurer.
Sales Committee: A. V. Bobbitt, A. 13.
Noell and G. M. Penny.
Committee on By-Laws and Constitu
tion: C. C. Cheatham, J. P. Meadows, and
I. W. Mitchell.
Arbitration Committee: F. A. Cheat
ham, G. T. Bowen and J. S. Lumpkins.
Finanee Committee: T. F. Cheatham,
G. T. Bowen and I. W. Mitchell.
The breaks have been very heavy dur
ing the week. The American, the Im
perial and independent tobacco com
panies all have buyers here. The outlook
now is that Youngsville will sell more
tobacco than any year in its history.
The Youngsville poopD and warehouse
men are spending money to promote the
tobacco interest.
Stebbings Held For the Grand Jury
(By the Associated Press.)
Chicago, Aug. 13.—Stebbings. who, on
Saturday stabbed to death Walter A.
Scott, president of the Illinois Wire Com
pany, in the latter’s office in the
Monadnock building, was held to the
grand jury today by the coroner's jury.
No charge of the crime was made
against Stebbings, but the jury recom
mended that the grand jury investigate
the killing. Stebbings testified in his
own behalf at the inquest, and stated
that at no time during the time Scott
was striking and kicking him did he
knowingly stab him. Stebbings said he
Avas in a dazed condition from the at
tack of Scott.
The verdict is said to be the mildest
in the history of the coroner's office.
ATTACKEDJY MOROS
American Outpost Surprised
and Two Killed. Bacalcd
May be Attacked.
(By the Associated Press )
Manila, Aug. 13.—A small party of
Moros surprised an outpost of the
Twenty-seventh Infantry at Camp Vicars
yesterday. Sergeant Foley and Private
Carey were killed and Private Vumlorn
Avas severely Avounded.
The Moros, Avho numbered only a
dozen, Avere armed with speers and
swords. The morning was dark and
foggy. The attacking party craAvlod to
within a feAV feet of the sentinels and
then sprang upon them suddenly.
The entire outpost rushed to the relief
of the sentinels, but they AA'ere too late
and the Moros escaped, although pos
sibly a feAV of them were wounded. The
American sentinels Avere terribly cut by
the swords and spears.
The attacking Moros wera all from
Bacolod, and the occurrence probably
will result in a move against that town,
Avhich has a strong fort and qjhcr de
fenses.
MOST BENEVOLENT TRUST-'
the Harvester Combine Says Its Obj ct 'is 'to
Hold Down Prices
(By the Associated Press.)
New York, Aug. 13.—The incorpora
tors of the International Harvester Com
pany, articles of incorporation for which
Avere filed yesterday in Jersey City, to
day made public a statement which says
in part:
“The International Harvester Company
has been organized under the laws of
NeAV Jersey Avith a capital stock of
$120,000,000, to manufacture and sell
harA*esting machinery. It has purchased
the property and business of the folloAV
ing manufacturers:
“*The McCormick Harvesting Machine
Company, Deering HarA'ester Company,
Piano Manufacturing Company, Worder.
Bushnell & Glessner Company (Cham
pion), Milwaukee Har\'csting Company.
The company is capitalized upon an ex
ceptionally conserA’atiAe basis of its as
sets of $80,000,000 cash working capital.
The company will require no financing
and there will be no offer of its stock
to the public, all the cash required haA--
ing been provided by its stockholders.”
After alluding to the advance in
prices of raw' material and the possible
consequent advance in the price of har
vesting machinery unless economies in
existing conditions of manufacture could
be accomplished, the statement con
tinues:
‘‘The manufacturers realize that their
welfare and the interests of the farm
ers arc Identical. An adA'ance in the
price of agricultural, machinery would
inure the farmers and react upon the
manufacturers. But on the other hand,
if existing conditions continued an ad
vance in prices would be inevitable. It
thus became necessary that either the
prices should be adA'anced or that sub
stantial economies should be effected
in the manufacture and distribution of
agricultural machinery. The manage
ment of the company Avill be in charge
of gentlemen Avho haA’e for years been
identified with the business. The com
pany will start Avith ample manufactur
ing facilities. It has five fully equipped
manufacturing plants in the United
States and one plant in process of con
struction in Canada.”
The officers of the company are «s
follows:
President, Cyrus H. McCormick:
Chairman Executive Committee, Charles
Deering; Chairman Finance Committee,
George W. Perkins; Vice-Presidents,
Harold F. McCormick, James Deering,
Willitm H. Jones, John J. Glessner;
Secretary and Treasurer; Richard F.
HoAve; Board of Directors. Cvrus Bcnt
iov, Paul IX CraA'ath, William Deering.
Charles Deering, James Deering, E. H.
Gary, John J. Glessner, Richard F.
Howe, Abram M. Hyatt. William 11.
Jones, Cyrus McCormick, Harold F.
McCormick, Stanley McCormick, Kl
dridge M. Fowler, George W- Perkins,
Norman B. Ream, Charles Steele and
Leslie D. Ward.
A REPUBLICAN DEADLOCK.
Brokan at Last by McNeill’s Election as Solid
tor. R K Btarbuck For Judge
(Special to Ncavs and Observer.)
Winston-Salem, N. C., Aug. 13.—After
being in session since yesterday the
Republican Judicial Convention at Rural
Hall, adjourned at five o’clock this after
noon. The convention aa'hs in a deadlock
from five o’clock yesterday uutil late
this afternoon, over the solicitorship. J.
W. McNeill, of Wilkes, Avon. Judge Henry
R. Starbuck was renominated for judge
by acclamation.
Contest Over District Judgeship.
(By the Associated Press.)
Chattanooga, Tenn., Aug. 13. —Ad\’ioos
received today from the First Judicial
district of Tennessee, show the comple
tion of the canvass of the returns of
last Thursday's vote and the election of
A. J. Tyler, Republican, as circuit judge
by a majority over Dana Harmon. Har
mon, it is said, will contest the election
on the ground of alleged fraud.
Seale Succeeds Betts.
(By the Associated Tress.)
Washington, Aug. 13.—Announcement is
made of (lie appointment of J. N. Seale
as superintendent of transportation of
the Southern Railway, vice R. E. Betts,
superintendent car service, resigned.
SOME HEEDLESS CONVENTIONS.
Among These the Republican Judicial Set For
August 27.
The high old times in Republican cir
cles will soon climb to the front for the
conA’ention dates of a number of their
assemblages come in August.
The Republican convention of the S'xth
Judicial District will be held on August
27th, in Raleigh, at 5 o'clock in the after
noon, this time being set in the call
made by the chairman. Col. John
Nichols. This is the day before the
State convention performs in Greens
boro, and Avill be a side tent perform
ance before the big shoA\’ begins.
Delegates from Wake, Wayne, John
ston and Harnett are expected to be on
hand and the programme as to the nomi
nation for judge is fixed- It goes to
the present incumbent, Judge W. S. O’B.
Robinson, of Goldsboro, Avho in the elec
tion will be defeated by the Democratic
nominee, ex-Judge W. R. Allen, of
Goldsboro.
For the nomination for solicitor, the
candidates are hiding out in the Avoods
and will ha\'e to be lassoed to get them
into the ring. The A'ictim to be offered
up on the sacrificial altar is being sought
for, but all who are approached whispers
timidly, “try the other man.” The Dem
ocrats take little interest in Avho is the
nominee, their time being taken up in
calculating the size of the majority that
is to be AA’rit after the name of Solicitor
Armistead .Tones.
The Republican Congressional cont'en
tion for this district is dated for Ral
eigh on August 26. and in this case also
there is a deficit in the way of candi
dates. It is a toss up as to Avhethor
there x\'ill be nominated a “straight”
Republican, a compromise independent
or no one at all.
“Haec docet fabula,” as the Latins
Avould remark, means that Hon. EdAA'ard
W. Pou, Democratic nominee, will be
his own successor in Congressional halls.
BOAST MAY COST HIM LIFE.
George McFadden Tells of Murder He Com
mitted at Lumberton
(By the Associated Press.) %
Philadelphia, Aug. 13.—George Mcjt
Fadden, colored, today confessed to the
police that he is Avanted in Lumberton,
S. C., for the murder in November, 1900,
of Elizabeth Smith, also colored. Mc-
Fadden was employed by a contractor
here, and ho boasted to the other em
ployes of his alleged crime in the South.
The police were informed- MePnddcn
was arrested and confessed the crime.
Children’s Pet Dead.
Tin' children of Raleigh, who have seen
| an admired the beautiful doe in the Pul
i len Park Zoo will be sorry to hear of
her death.
It Avas found that a delicate surgical
operation Avas the only chance to save
her life as the result of sickness which
developed on Saturday. This was per
formed by Mr. W. C. McMacltin and Dr.
Rowland on Tuesday, the animal being
put under the influence of chloroform.
After the operation she appeared to be*
doing well, but yesterday morning she
became worse and died in the afternoon.
Lewis Nixon Resigns.
(By the Associated Press.)
Elizabeth, N. J., Aug. 13.—Lewis Nixon
resigned today as president of the Cres
cent Ship-btiilding Company, and Mason
F. Chase, of Elizabeth, was elected in
his place. Mr. Nixon’s resignation is
an incident to the recent organization of
the United States Ship-building Com
pany, to Avhich his attention will be de
voted. The Crescent Ship-building Com
pany is a constituent member of the
new concern.
Prohibitionists’ State Ticket.
(By the Associated Press.)
Montgomery, Aug. 13.—A complete tick
et for Governor and State officials has
boon announced by the prohibitionists of
Alabama. Rev. W. *K. Gay, of this city,
heads the ticket as the nominee for gov
ernor.
A platform was adopted, re-affirming
allegiance to the principles of the na
tional Prohibition party.
The Schools Closed by Force.
(By the Associated Press.)
Paris. August 12.—The Commissary at
Levine, Finistore, accompanied by a
strong body of gendarmes proceeded to
day to the village of Gcuzare to expel
the Sisters from schools there. The
schools Avere defended by a eroAvd armed
Avith cudgels and stones. One gendarme
Avas unhorsed and the commissary Avas
compelled to retreat, but later he return
ed with a company of soldiers, who pro
tected him while lie closed the schools
amid shouts of "Long live liberty.”
Kruger and Steyn.
(By the Associated Tress.)
The Hague, Aug. 12.—Former President
Kruger, of the Transvaal Republic, loft
Sc'nevenging today after a cordial fare
well to former President Steyn, of the
Orange Free State. Mr. Steyn is im
proving in health.
B*lt J niore Secures the Elks,
(Bv thf Associated Press.)
Salt Lake, Utah, Aug. 13.—Baltimore
was chosen as the place of meeting of
the Grand Lodge of Elks for 1903, Sara
toga Springs withdrawing.
Let her be clumsy or lot her be slim,
Young or ancient, I care not a feather;
So fill up a bumper, nay, fill to the
brim.
Let us toast all the ladies together!
f'7 iCE FIVE CENTS,
TUG BLOWN 10 THE
BOTTOM 111 II FLUSH
Eight Men Are Hurled Into
the Water.
\
AND FOUR ARE DROWNED
The Cause of the Explosion May Never
be Known.
HER ENGINEER IS AMONG THE DEAD
Three of the Rescind Men Seriously Injured.
Witnesses Sty the Explosion and the
Sinking of the Tug Seemed
Simultaneous,
(By the Associated Press.)
New York, Aug; 13.—The boiler of the
tug Jacob Kuppcr blew up today near St.
Georges, Staten Island. Four of the
crew Avere killed or droAvned. There
Avere eight men on the tug and all were
blown into the water. Four were rescued.
Three are injured badly and one at least
is not expected to live. The tug boat
sank immediately.
The dead:
CAPT. HARRY JOHNSON, of South
Brooklyn, who was temporarily in com
mand of the tug.
WILLIAM PURDY, engineer.
LEWIS, the cook.
LAWRENCE HANSON, deck hand.
The iDjured are:
Henry Nicholas, fireman, scalded.
LaAA'rence Johnson, deck hand, condi
tion serious.
Christian Gregg, scalded.
Edward Lane, slightly injured.
Captain Ltindberg was not on board.
The cause of the accident Avill probably
neA'er be known, as Engineer Purdy is
among the dead.
The tug sank almost immediately and
later a quantity of wreckage and cloth
ing and the name board came ashore
with the ebb tide along Staten Island.
The owners of the tug are G. D. Kupper
& Bros.
The tug was towing a lighter loaded
with cotton from Brooklyn to Staten Is
land. The Staten Island ferry boat,
J Castleton. was near the scene of the ex
plosion Avhen it occurred. Captain Brais
ted, of the ferry-boat says the explosion
and the sinking of the tug were almost
simultaneous. The tug seemed to break
in two amidships. The Castleton was at
once stopped and boats lowered. Only
one man Avas picked up by the Castlet,op>
His face was horribly burned and scalded.
The other rescued men were picked up
by another tug boat. One of the men,
a deck hand, named Hanson, was taken
to Smith Infirmary and the other to the
Marine Hospital on Staten Island.
Neither aaus able to give any account of
the accident.
The lighthouse boat Daisy is at the
place Avhcre the tug wont doAvn grappling
for the bodies of the lost. The Jacob
Kupper was in charge of Captain Henry
Lundberg. She was built at Charleston,
S. C.. in 1885. Sho was 96 foot long and
was of 114 tons gross. She Avas originally
named Bristol, but Avas chartered by the
government and the name changed to
Cheyenne, then 1 back to Bristol and
finally to Jacob Kupper.
DR B J S&PP IS DEAD.
A Prominent Mason, a Patriotic Citizen, a Do
votedlChristian
(Special to News and Observer.)
Kernersville, N. C., Aug. 13. —Dr. B. J.
Sapp, one of Kernersville’s most highly
esteemed citizens, passed quietly away at
his home in this place this morning at
the age of sixty-six years. He had been
in failing health for some time, but was
unable to sit up part of the day last
Saturday. He gretv worse Sunday and
was unconscious when the end came.
He was a prominent Mason, a valuable
and patriotic citizen. He has been a
practicing physician for over forty years,
and at the time of his death was pro
prietor of the Sapp Hotel at this place.
He leaves a wife and two sons, Dr. L. L.
Sapp, of Reidsville, and Dr. C. C. Sapp,
of Winston, both leading members in
their profession. The funeral services
will be held in the Methodist church, of
which he Avas a faithful and devoted
member, Thursday at 3 o’clock, Rev. D.
11. Coman officiating.
Suit Against the Water Board.
(By the Associated Pr^ss.)
Now Orleans, Aug. 13.—Suits were filed
in the State and United States courts to
day against the constitutionality of the
new law Avhich passed at the last ses
sion of the Legislature adding five mem
bers to the board in charge of the $14,-
000,000 water, drainage and sewerage im
provements. A temporary injunction was
issued by Judge Shelby in the United
States court prohibiting ihe recognition
of the newly created board.
The work, however, will he continued
without delay by the present board.
The Chauncey Fills the Bill.
(By the Associated Press.)
Washington, Aug. 13.—The Navy De
partment was informed today that at the
trial of the torpedo boat Chauncey, off
the Barren Island course yesterday, she
made 28.6 knots, her contract speed be
ing 27 knots.