ft . 1 ATA TOL. XT II. NO. 7;. WILMINGTON N. C. FRIDAY MARCH 25 1904. FIVE CENTS. J 0 ATTEMPT TO UP Seven Merchant Steamers Run Into the Harbor and Sunk in Desired Positions by the Japanese SIDE LIGHTS ON The Iiottling Up of Port Arthur is Not Confirmed By Any Other Corre spondent Except the Daily Tele graph's Viceroy AlexiefT Renews His Demand for the Withdrawal of All Chine? From Manchuria Rus sians Believe That Japan Will Vio late Her Pledge Respecting tlie Neutrality of Chinese Territory A Change of JaiKuiejse Plans is Given. General Kuropatkin's Campaign Will Not Be An Aggressive One. London, March 25. The Daily Tele graph publishes a dispatch from Its Tokio correspondent under yesterday's date which says: "On the night of March 22, the Jap anese fleet renewed the attempt to bot tle up Port Arthur. Sixteen warships escorted .seven merchant steamers to the mouth of the harbor and under cover of the bombardme.nt, the steam ers ran in and were sunk in desired po sitions. Three thousand Japanese offi cers and blue jackets volunteered for this duty. An official report is expect ed this evening'." Side Lights on the- Operations. London, March 25. The Daily Tele graph's circumstantial report from its Tokio correspondent that the Japanese succeeded in bottling up Port Arthur on t.he night of March 22ndfl is not con firmed from any quarter. The special - dispatches to the other morning papers announce no new development in the situation, but throw a few side lights on the operations. The Standard's Tien Tsin correspon dent says that Viceroy Alexieff renew ed his demand for the withdrawal of all Chinese officials and soldiers from Man- churia on the ground that otherwise it would be impossible to conduct the war properly. The Daily Mail's correspondent's give from Japanese sources some details of the condition of Port Arthur which were gathered during a recent vis? of a Chinese junk there. It is asserted that " a boom had been placed across the en trance to the roadstead which is alive with mines so defective and so care lessly laid as to equally ejjijnger both Russian and Japanese "vessels. The damaged Russian warships, these re ports say, -were repaired with such haste that it is dangerous for them to leave their anchorage. Eight battle ships and- cruisers and ten torpedo boat destroyers are now uninjured and often leave the harbor, but never go far fromrthe forts. Japanese naval officers praise the quaJity of the Russian torpedo boat destroyers which, they confess, have done excellent work, but they declared that the Russian shells are badly fused and fail to explode except when they strike direct upon armor and that their charges of gun cotton are insufficient to cause serious damage. The Daily Mail's Shan Hai Kwan correspondent says that the Japanese are secretly engaging Chinese to act as an irregular corps. A .Japanese Change of Plans. St. Petersburg, March 24. The war office is in receipt of persistent reports that the Japanese are preparing to land on .neutral Chinese territory, on the west coast of the gulf of Liao-Tung, either at Tien Kian Cheng, in Kin Chau bay. or at Shan Hai Kwan. Although slow to believe that Japan deliberately contemplates a violation of her pledge to respect neutral Chinese territory, the reports received at the ministry of war are so specific that they compel consideration. The presence of disguised Japanese soldiers acting as spies along the Shan Hai Kwan road has been established, and Russian agents report that there is every indi cation of an intended landing on the west coast of the gulf of Liao Tung. The information conveyed by these agents seems to coincide with other in formation, indicating a complete change in the Japanese plan of cam paign, or of its entrance into a second 6tagepractically involving the abandon ment of further heavy landing of troops in Korea. j According to advices received by the f government, there are only about 70 000 Japanese troops in the hermit kingdom at present. The latest advices indicate : that the Japanese will not send many ' more soldiers into Korea. They may make a diversion at Possiel bay in the direction of Vladivostok, but their main objective henceforth will be in gulf of Liao-Tung. The only two points feasi ble for landing are Chin Wan Tao and Tien Kian Cheng which are connected by rail respectively with Shan Hai Kwang and Kau Kaiu on the Pekin railroad. A landing at either place will give the Japanese possession of a splendid strategic line by which to BOTTLE PORT ARTHUR THE OPERATIONS strike the Russian flank and if desired, to hold Pekin in subjection. The Russians have little faith in the Chinese Generals Ma and Mu. who might disregard orders from Pekin and join forces with the Japanese. There is reason to affirm that the Russian line of conduct in such a contingency has already been decided upon in prin ciple. The assurances obtained from Pekin require that the Chinese author ities should oppose with their army such a step on the part of Japan. It is learned that the Russian milli tary attache at Pekin is now at New Chwang, watching the movements of the Chinese troops. ' Kuropat kin's Campaign Will Not Be Aggressive. '. St. Petersburg, March 24. -When ; General Kuropatkin reaches IMukden it j is understood that the Emperor's forces S at the theatre of war will be. divided into three armies, in the peninsula, in cluding the port Arthur garrison, undgr General Stoessel, military commander at Port Arthur; a central army under General Linevitch and a northern ar my, under General Baron Satekelherg. Any idea that General Kuropatkin's arrival will be signalized by aggressive tactics is discouraged in the highest military crcles, where attention is called to the general's repeated injunc tions patience, patience, patience. "We can afford to wait whether or not the Japanese can," is the sentiment among the believers in General Kuro patkin. He expects to force the Japa nese to fight him on grounds of his own choosing. There will be no forward movement into Korea. On the con trary, the Russians at the Yalu are riow screening their concentration to the westward and they probably will retire as the Japanese advance in force, har rassing and retarding them as much as possible until the proper time to un cover the main Russian army. The Russians also express much more satisfaction at the present situation at Liao Tung. The forces on the penin sula have been reinforced to an extent which will render a Japanese landing there difficult, if not impossible and the garrison at- Port Arthur has been am ply provisioned to withstand a siege. So far as the peninsular is concerned the preparations there may now be r garded as complete. Movements of Troops. Liao Yansr. Manchuria. March 24. General Ma has transferred his head quarters to Tung-Chou and his troops have been withdrawn westward of the Sin-Min-Tung railroad. Viceroy Yuan Shi Kai is now at Tien Tsin. His troops are returning to Pao Ting-Fu. It is persistently reported that the Japanese propose to land troops at Gat sia. north of Shan Hai Kwan. There are numerous Japanese spies at Shan Hai Kwan and elsewhere on the rail road to Yin Kow. A detachment of General Mistchen kos troops remain in north Korea re connoitering. A party is always watching Anju, but the Russians have not encountered any Japanese during the last few days. On the arrival of General Kuropatkin trans-Baikal territory. General Line vitch sent the commander-in-chief a telegram of welcome, saying the troops were thirsting to take revenge on the enemy and were impatiently awaiting his arrival. Advices from south Manchuria and north Korea say all is quiet there. Account -of the Attack on Port Artliur Tokio. March 24. Vice Admiral Togos report of the fifth attack on Port Ar thur, which was made on March 22nd, reached Tokio tonight and is as fol lows : The combined fleet acted according to the plan arranged. Two flotillas of destroyers were outside Port Arthur, as instructed, from the night of the 21st until the morning of the 22nd. Al though during this time our destroyers were under, the fire of the enemy, they sustained no damage. The main fleet arrived off Port Arthur at S o'clock on the morning of the 22nd. "I dispatched a part of the fleet in the direction of Pigeon bay, and order ed the battleships Fuji and Yashime to make an indirect bombardment against the inner side of the port. During the bombardment, the enemy's ships grad ually came out of the harbor, and at the time when the indirect bombard ment stopped, which was about 2 o'clock, the number of Russian ships was five battleships, four cruisers and several destroyers. We believed the enemy was trying, by making a move ment of their fleet, to draw us near the forts. The enemy's ships shelled tis in directly and many of their shots fell near the battleship Fuji, but our sX'n s sustained no damage. About 3 o'clock our vessels withdrew off the port." Rumors of Japanese Advance Denied. St Petersburg, March 24. Major Gen- I eral Pflug telegraphs from Mukden on-', Vera Cruz, March ,24. A French der today's date as follows: - ! man arriving on the steamer Manuel "There is absolutely no truth In the ; Calvo from Havana, has been arrested report published in England to the ef- j at the request ' of the Suban consul, feet that the Japanese have crossed the He is charged with the theft of $28. Ta Tung pass, or that' they have had 000 in Havana. Extradition documents engagements with the Russians, while are expected to arrive soon. the statement that the way to the Mo tieff pass (Motienling pass) where a strong Russian detachment is alleged to be stationed, is open to the Japa nese is also pure Invention. To the same category belong the reports pub lished in (London newspapers from Jap anese sources of an engagement al leged to have taken place at Port Ar thur. March 19th (March 18?) and of the encounter at Chyong-Syong (on the Yalu river,) in which the Russians were reported to have lost 600 men kill ed or wounded." Troops Moving Toward the Yalu. New Chwang, March 24. Authorita tive .reports . from Kirin. Kuang Chang Tsu, Mukden, Liao Yang and Hsu Yen show that three days ago complete quiet prevailed, with a, regular move ment of troops in the direction of the Yalu river. One regiment passed through Hsu Yen on Sunday, March 20th. Emperor William at Naples. Naples, March 24. Emperor William arrived here today on board the North German Lloyd steamer Koenig Albert escorted by the German cruiser Prinz Frederich Karl, and was saluted by the whole Mediterranean fleet. The Em peror went on board the Hohenzollern soon afterward. Yongampho to be Opened. Washington. March 24. The follow ing cablegram has been received at the state department from United States Minister Allen at Seoul, dated today: "Announcement has been made in Seoul that Yongampo will be opened and it is said that 1.000 Russian troops have advanced to the Anju river, but that the floating ice makes crossing extremely difficult. There has been some light skirmishing but few casual ties so far." Hie Bayan Has Not Been Destroyed. St, Petersburg, March 24. The Asso ciated press is officially authorized to deny the report, circulated in BerlVa and published in the United States by a news agency, that the Russian ar mored cruiser Bayan was blown up by a floating torpedo in the harbor of Port Arthur March 16th, at the time a Rus sian torpedo boat was said to have been sunk: owing to colliding with a mine. Anxious for the Opening of the Liao River. New Chwang, March 24. Both for eign and native vessels are anxiously awaiting the opening of the Liao river. It is their purpose to remove valuable goods and their cargoes before fighting begins. EXPECT A BETTER OFFER SULLY CREDITORS NOT SATIS FIED WITH HIS PROPOSITION. An Effort is to Be Made to Find Out the Identity of Sully's Backers A Committee is Appointed to Repre sent the Creditors. New York, March 24. That D. J. Sul ly & Co., would be able to do a good deal better than to offer forty per cent. cash and sixty per cent, in notes to creditors was the belief expressed by Receiver Taft today and a new offer from the suspended firm is expected. Samuel Untermyer, who is counsel for a number of Sully's creditors, said today: "We demand and intend to get the history of Sully's cotton transactions We want the fullest exposure of the facts. 'Nothing else will satisfy." Many of Sully's creditors are hoping that he will reveal the identity of his backers in the last pool.' All of his as sociates are said to be men who could settle with the creditors. Receivers Taft and Miller do not ex pect to learn of these backers from Sul ly, but Mr. Taft says that the books may reveal enough to show that cer tain silent partners were under obliga tions to stand the loss. If it can be found that such obligations exist, steps will be taken to make them pay 100 cents on the dollar. Sully still stands ready to pay his creditors forty cents on the dollar in cash and sixty cents in long time notes but most of the creditors expect better results than that through the receivers A conference lasting half an hour was held today in Sully's office, between Receivers Taft and Miller and R. Seid enberg. George Chapman. Superinten dent Stroud, of the coffee exchange, Expert Accountant Cuthbert, who has been at work on the books of the Sully firm, and Boothby and Baldwin, coun sel for the petitioning creditors. None of the parties to the conference would make any statement. A meeting of the creditors of Daniel J. Sully & Co.. was held this afternoon. It was called at the request of the re ceivers for the purpose of having a committee named to represent the gen eral body of creditors in dealing with the receivers. The meeting adopted a resolution giv ing President McDougall of the Cot ton Exchange the power to appoint this committee, after which adjourn ment was taken. Mr. McDougall appointed the follow ing.' committee: Reinhard Seidenburg. J. Temple Gwathmey. Edward Shearson. George Chapman and J. S. Clark. They are the same members of the exchange who were appointed as a similar committee at the former meetng of the credtors and later discharged. Mr. McDougall, said that the com mittee will be without power to make any settlement, but will confer with the receivers and act in an advisory capacity toward them. Superintendent King, of the Cotton Exchange announced today that the recently suspended firm of J. H. Gar rison & Co.. were prepared to settle in full and that all claims against them might he presented for settlement to day. Charged With a Big Theft. SECOND TIME House Votes Not to In vestigate the P O, Department AN APPEAL FAILS The Question of an Investigation WTas Brought Up by Mr. Williams, Wliose "Amendment Was Laid Aside on a Point of Order The Appointment of Federal Officers Under Civil Ser vice, Especially in the South, Was Brought Up and Discussed in the Senate. Washington. March 24. The house of Representatives today again put it self on record against any investigation of' the postoffice department. Eight pages of the postoffice appropriation bill were disposed of. The question of an investigation of the postoffice de partment was brought up by Mr. Wil liams, the minority leader, who pro posed an amendment providing for a select committee of five members of the House and three Senators to make a complete investigation into the al leged frauds in that department. He taunted the Republicans for their fail ure to order an investigation and said the party was opposed to it. The chair sustained a point of order by Mr. Overstreet against the amend ment and when Mr. Williams appealed, the chair was sustained 133 to 99. Before the vote was taken Mr. Wil liams appealed to Mr Overstreet to withdraw his point of order, which Mr. Overstreet refused to do. "Then the gentleman has a perfectly stony heart." said Mr. Williams. ,:He stands in between this investigation Of the postoffice department by Congress with his point of order." Thereupon .Mr. Williams appealed from the decision of the chair, which brought from Mr. Overstreet an appeal tt the house to uphold the chair. To do otherwise, he said, would be a re flection upon the chair and dignity of the House. Mr. Williams inquired: "What does a miserable little rule of the House amount to when you consider it is the only obstruction lying between you ana a righteousness far greater than the He declared that the very essence and soul of good government is honesty in the public service and economy of pub lic administration. "The only way we can secure honesty in the postoffice de partment." he continued, "is either by the gentleman withdrawing his point of order or by the House marching over the point bodily. He was loudly applauded by his col leagues on the Democratic side. He implored Mr. Overstreet to with draw his point "to save the country from saying that rather than have an Investigation of rottenness, the House will stand a bare little parliamentary technicality, that amounts to nothing in any citizen's mind." He was again applauded. He said the House can secure an in vestigation hy an outside authority "not intermingled, with the corruptions existing in the! postoffice department" by the two ways he had suggested. There is a power greater than the House, he declared, and it is the people of the United States When a gentle man makes a point of order, as repre sentative of his party, it is because his party don't want the postoffice depart ment investigated. "Won't you," Mr. Williams asked, "do something to keep the great body of American citizenry from believing the postoffice department is infamous." Mr. Overstreet, he said, now had the opportunity of a life time, that may never come again, to remove blots from the department and from the adminis tration. Mr. Lever, of South Carolina, criti cised the department for "its discrimi nation and palpable favoritism" against the south in the establishment of rural free delivery route. Provisions in the hill forbidding rural carriers engaging in business or carry ing merchandise and increasing their salaries from $600 to $720 a year went out on points of order. The House adjourned until tomorrw. THE SENATE. Washington, March 24. The Senate today passed the Indian Appropriation bill. After the routine features of the bill had been disposed of, Mr. Bacon again raised the question of civil ser vice appointments, basing his remarks upon the statement made by Mr. Hoar yesterday to the effect that Senators from States of political faith different from that of the President should be consulted in the matter of appointments to office. .Mr. Bacon characterized the utter ance "as a most notable one" in con demnation of a system "which practi cally difranchises one-third of the peo ple of the United States in the matter of the administration of the Federal laws in their midst." The present system was. he said, a denial of the right of the people In this respect, and the denial, said Mr. Bacon, was especially felt in the South. It never had been Intended by the fram- nitv should be deprived ot the right to 5 be consulted- in-the selection of Fed-j (Continued on Eighth Page.) SWAYNE CASE Charges Against the Judge Concisely Stated by Mr, Palmer THE EVIDENCE Taken By the Sub-Committee in Flor- ida is Given to the House Commit tee1 Non-Residence, Conduct Un becoming a Judge and Other Unlaw ful Charges Are Made Judge Swayne Gives a Brief Review of His Life and Then Enters Into His Own Defense. Washington, March 24. The evi dence in the impeachment proceed ings against Judge Charles Swayne, of the Northern District of Florida, taken in Florida by the House sub committee of the Judiciary Committee and including the brief of Judge Swayne before the committee in his own defense, and that of Judge B. S. Liddon, for the prosecution, was fur nished to the committee today in printed form for the first time. The document consists of 360 printed pages. The charges against Judge Swayne, which undoubtedly will be set forth in the report of the committee to be filed tomorrow by Representative Pal mer, are concisely stated by Mr. Pal mer in forming a question to Judge Swayne during the proceedings, as follows:. Non-residence in the Northern Dis trict of the State of Florida. For unlawfully imposing a fine, and imprisonment of one E. T. Davis and S. Belden in 1901. For unlawfully committing to prison in. 1902 one O'Neal for alleged contempt of court. For conduct unbecoming a judge, in appointing one Tunison in 19 00, lenowing him to be a man of bad character. For refusing a fair hearing and trial to one Hoskins, in 1902. In hia own defense Judge Swayne filed with the committee letters of endorsement from seventeen lawyers and five other persons, not attorneys, written in November, 1897, recom mending to President McKinley his appointment to succeed Justice Field on the Supreme Court bench of the United States. He also filed twenty four letters, mostly of Florida attor neys, written in February, 1899, rec ommending his appointment to the po sition of circuit judge of the Fifth circuit, which had just been created by an act of Congress. In his brief Judge Swayne reviews his life briefly, stating that he was born in Delaware in 1842; read law in Philadelphia and was admitted to practice there later. In 1885 he moved to Sanford, Fla., where he practiced until appointed to the bench in 1889. His appointment was a re cess appointment, which was not con firmed until April, 1890. Judge Liddon, in cross examining 'Judge Swayne, asked him if he did not understand the laws of Florida to be that a man could not hold office there unless he Is a qualified elector. Jtidge Swayne admitted this. Jhdge Swayne, in commenting upon the proceedings against him, said to the committee that they were due to but two causes: The malice of the man O'Neal, who was sentenced, and the intense polit ical feeling engendered at that period. There never would -have been any thing of this had it not been for these causes." In summing up against Judge Swayne, Judge Liddon declared him guilty in the following instances: 1. That he has been, until after the adoption of the resolution, the basis of these proceedings, in 1903, a non resident of this district and that in convenience, expense and injury have resulted to iitigans in this court by reason of such non-residence, and by absence from his district. 2. That he had appointed and m'aintained as commissioner of his court one B. C. Tunison, a man of had reputation, and has so conducted him self as to create, at least, a general impression that his court is dominat ed by said Tunison in administration of justice therein. 3. Maladministration, of bankruptcy matters before him, whereby the as sets of bankrupts were absorbed in posts and expenses. 4. That he has been guilty of cor ruption in his office and oppression in the following instances: W. H. Hos kins, against whom involuntary pro ceedings were brought; against Sam uel Belden and E. T. Davis, who were most wrongfully and unjustly punish ed for alleged contempt; against W. C. O'Neal upon a charge of contempt. and against one C. D. Hoskins the two latter having died with sucn pro ceedings pending. 5. That he corruptly purchased a lot of land in litigation before him. and afterwards tried another case, be tween nractically the same parties, ; involving the same lands, and direct- ing the iury to bring in a veraict an favor of the title which he had pur chased. He has appointed as court com missioner one John Thomas Porter, who maintains an office at Marl anna, while his residence is atGrand "Ridge, fourteen miles distant, thereby caus ing great expense arid inconvenience to parties before nis court ana tx tne government. ; v ? v 7. That ' he corruptly lobbied with J. M. Barrs to prevent the redlstrict ing of the State. 8-HOUR BILL Southern Manufacturers Appear Before House Committee MAKE PROTESTS The South Does not Need the Help of Congress Where That Help Consists of Embarrassment and Discourage ment Manufacturers Have Agreed on Regulations That Are Sufficient ly Stringent Argument as to What Products of a Cotton Factory Are Not Exempt From the Bill. Washington, March 24. The protests' of southern cotton manufacturers aginst the interference of Congress reg ulating labor contracts was the feature today in the hearing on the eight hour: bill before the Senate committee on ed ucation and labor. Jack J. Spalding, of Atlanta, Ga., asserted that the south does not need the help of Congress "when that help consists of embarrass ment and discouragement to the mau facturers in their efforts to obtain a percentage of the foreign trade, ham stringing them and setting barriers in the way of their progress in the inter est of labor and against the Interest of the working man and woman." Chairman McComas asked if it is not a fact that the southern manufacturers are a unit in protesting against legisla tion of any kind. Mr. Spalding said that the manufacturers had volunta rily adopted regulations more severs than any legislation that had ever been proposed in Georgia and that so far as child labor was concerned, the ' young boys and girls that are employed, are minding machines wnere they can play half of the time. He declared also that 75 per cent of the mills main tained, schools and free books equal 1q the state schools, and that it was e. part of the regulations that the boys and girls should attend the schools a certain number of months each year. "Why," said Mr. Spalding, "my mill is in the town where President Roose velt's father and mother were married. This mill has been running sixty years, with the exception of a short time af ter Sherman came through and acci dentally dropped some fire in the mill, and the social distinctions are less there than, in almost any town in tus country. The people are satisfied. The manufacturers are getting along well the laboring class does not want this legislation and in fact the agitators are the only ones that do want it." F. B. Gordon, of Columbus, Ga., called attention to the fact that tne chairman of the committee had said that all products of the cotton mills' were exempt from application of the eight hour hill. He said that there wcro factories in Georgia twhlch manufac tured particularly heavy duck, wh!c.'i was used only by 'the government and not heing sold in the ,open market would not be exempt. He introduced F. F. Calloway, of LiaGrange. Ga., whq made a statement in regard to this product. After the statement, the chairman insisted that the product Would be exempt, under the provision making exceptions of government sup plies whether manufactured according to particular specifications or not. "Then you can tell me what is In cluded under this bill?" Mr. Calloway asked. Chairman McComas said that the hearings in the last three years he had concluded that the only things which were not exempt were government ves sels, large marine engines, hig cranes and heavy carriages .used in govern ment work. He said that the supplies for manufacture, such as bolts, rope sails and all material of that charac ter was not Included under the bill. Mr. Calloway said if Jt were known just what articles would be included they should be specified In the bill In order to avoid the general oonf ujiorx that now exists. He asked why this had not been done. In the opinion of the chairman a specification of that character would bo unconstitutional. "Are you sure." asked Mr. Calloway, "that the Supreme court would con strue the bill as you do." "Of course. I cannot be sure what any other man or men would do," slid Senator McComas, "but I am sure that under the bills no Intelligent lawyer would say that the duck you manu facture was not exempted." "I don't, know that," said JMr. Gal loway. "I have seen things drawn a heap tighter than this bill seems to be and yet the lawyers have' twisted them about so as to make almost anything they wanted out of them. I think you can make anything you want out of this bill. I may be exempt, but I pre fer to be on the Bafe side and get my record In so that if the courts do not agree with you, my contentions will be on file.' .. . Joseph Southerland Accidentally Drowned. Bristol, Tenn.. March 24. Acciden tally fairing into Laurel river, near. Damacus, Va., today, Joseph Suth- . erland, a wealthy citizen and promi- nent cattle 'dealer and mineral mine developer, met death today. His body was recovered after a long search, the swollen river carrying it many miles down stream. Mr. Sutherland lived at Mountain City. Tenn., where he owned valuable farm and mineral property. 1

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