THE WEATHER TODAY .
For North Carolina :
Fair '
For Raleigh :
Fair
TEMPERATURE:
Temperature for tbt
past 24 Hours:
Maximum, 84;
Minimum, 63.
H
i
i
Vol. IX
RALEIG-H. N. C. THURSDAY. AUG-TJST 3. 1905.
No. 55
MOMHIM'G
Bom
. v w .-
I- 1
' - -
t . ...
FOR
THE RUSSIA!
Senior Member of the Peace
Party Arrives
AN ADDRESS
Cheered in Four Languages and
Given Bread and Salt by Slays.
Got Lost in Crowd and . His Elec
tric Hansom Broke Down-But He
Never Lest His Temper
w York, Aug. 2. Serge de "Witte,
; ; i entitled in the land of the
c:ar. or plain M. Witte, as the world
k : o.vp the great Russian, arrived this
arVrroon with his suite of nine on
ihe Kaiser Wilhelm der Grosse of the
Lloyd line. '
The senior member of the Russian
p0-h-n commission got a reception from
the- moment the ship reached quaran
tine until he was comfortably in the
H ..;,-!' tft. Regis. The hurly burly
rn;s: have given him the liveliest im
py.'ion of American curiosity.
Hm h eds of persons gathered at the
-.r- rrhip pier in Hoboken and cheer-
! him in at least four languages. A
1 .--',f nation of happy, enthusiastic.
?!avs gave him bread and salt to eat
.rrihe pier house, following an ancient
Slavonic custom. '
Reporters swarmed around him like
f,e, every reporter asking questions.
He got lost- from the members of
lis suite at the pier, and his electric
ir.rom, in which he was riding with
nis colleague Baron Rosen, broke
nv.n on the way to the St. Regis.
But through all this excltemept and
arrlynnces he was as imperturable as
evr. Nothing seemed to bother him,
riA-hirg seemed to wear on his amia
Mllty. But his face jwore an expres
sion of relief when Baron de Rosen
f?cortert him Into the big hoted at
Fifth avenue and fifty-fourth street. ,
Denies Interview Aboard Ship
The very first words the envoys ut
tered when' the reporters met the kaiser
n quarantine was an emphatic re
futation of an alleged interview, sent
ay a "wireless" correspondent on board
?hip, which put these words in M.
Wine's mouth: "I am afraid the nego
tiations will be ended in a week as the
Japanese conditions will be so Intoler
able as to be impossible."
JL Witte, does not speak nglish
.-fluently, 'but through Prof, de Martins
end M. Ivan Korostovetz of the Rus
sian foreign office, members of his suite,
declared that there was absolutely no
truth in the so-called interview, and
that he had stated nothing which could
be construed into such an utterance.
Address to American People
When the reporters asked M. Witte
for an interview he handed Pro. de
Jlartins' address to the American peo
ple, which he said was the only state
ment regarding the peace conference
he felt free to make. This Is it:
"For the friendly greeting of the
American newspapers on my first visit
to the hospitable shores I offer my
heartfelt thanks. I
"This touches me" all the more pro
founjiy when I realize the vastness of
the power of the press of the United
.'"States and the keen intelligence with
. which it is directed,
"I am glad to be able to add that
I also 'appreciate the ethical worth of
'he alms for the attainment which this
power is so often and successfully em
ploye,.!. One of the ' noblest of thees
tims is the establishment of peace and
'riendhln among1 nations, arid it is
o the praiseworthy efforts of the peo
P' of the United States In this direc
tion that my visit to the new world is
attributable. It is. In compliance with
-he American people's desires for peace,
v.hich President Roosevelt was the
:thorized exponent, that his majesty,
trie czar, empowered me to come
Hber and ascertain the condition
Much our gallant adversary deems nee
f?ary and adequate as the basis of
neace negotiations
a need hardly point out that it is
:iy Osire that the two chlvalous fpea
lo first became acquainted on the
of battle may have found in each
j.or sterling qualities, motives power
f 'l enough to cultivate the acquaint
Fi-K'hip until it ripen. Into lasting
tr!( nfl-hip.
"Me.mwhilfl. Tinwpvpr th terms of.
fered must first be ascertained, weighed
rirA Judged, admissible by Russia be
.'r she can proceed to formal nego
tiations. Hitherto as you are aware,
vas customary in cases like this to
fr:'tle all such preliminaries before the
! eting of the plenipotentiaries whose
a-k it was to come to a final agree-
";r,:t upon matters under discussion
now the very fact that his majesty,
f czar, consented to take a course
i oh-lng a departure from this ancient
'Piomatic usage and to appoint a mis
"i to earn ih n hrave
Amies' terms, i san eloquent token of
ce rnendly feelings which he and his
COME
ISSUES
subjects continue to cherish toward
the people of the United Sttaes. I say I
to cherish' because at no eDbch in our
history have our traditional relations
with the great republic been other than
cordial. And now I should UVi tr sav
and to prove to1 our people who live
less in the past than in the present
and the future, that it is' the fervent
wish of. the emperor and the people of
Russia further to strengthen the tie3
of friendship which have hitherto sub
sisted between the two nations.
"It is in virtue of that sincere desire
that the czar, waiving all other con
siderations, has unhesitatingly accepted
the cordial invitation of your first citi
zen and general leader. , And if the
mission should prove in all other re
spects barren and the endeavor to find
a common basis for peace negotiations
should fail for the time being that
signal proof of friendship given by his
majesty, the, czar, and- the Russian
nation would still stand out as a me
morial even fraught common, I trust,
with far-reaching and beneficient re
sults to two great peoples of the east
and the west." ,
Incidents and Details
The Kaiser Wilhelm de Grosse got up
.to quarantine about 2 o'clock today. She
had not been there but a. few minutes
when a revenue cutter slipped alongside
with half a dozen newspaper reporters
of . New York aboard. They swarmed
up the-ladder eagerly. M. Witte had
been prepared for such a reception, and
he never flinched when forty or fifty
swarmed around him, but smiled
pleasantly and indicated his regret that
he could not talk English.
When the papers- which printed the
alleged Interview was shown to . M.
Wltte he " frowned,4 then smiled as if
after all the whole matter was not
worth while getting fussed about. The
members of his suit, however, were de
cidedly hot under the collar.
Prof, de Martens, who is at present
chief counsellor of the Russian foreign
office, did most of the talking for M.
(Continued On Page Two.)
SOUTHERN MAN NAMED
Hutchinson of New Orleans
On Crop Estimate Board
Why V. P. Peters' Salary Was
Abolished Secretary Wilson In
cites All Who Have Complaints to
Make to Submit Them w ,
Washington, D. C, Aug. 2. An-
nouncement was made at the depart
ment of agriculture today that Mr. !
Wilson had selected P. L. Hutchinson !
of Kew Orleans as a member of the
crop-estimating board that will soon
be established. Mr. Hutchinson will
be paid a salary of $2,250 a year. lis
is a brother of Director Hutchinson of
Mississippi College of Agriculture. The
other members of the new board will
probably be named this week.
Secretary Wilson, solid to-day: "If
any person, no matter wno ne is, nas
any grievance against this depart
ment, let him submit them and I will
direct a thorough investigation. I am
bound to clear the department of all
crookedness and the best way to ac
complish It is to get right at the facts
in the beginning."
E. S. Peters, vice-president, of the
Southern Cotton Association, today re
plied to the interview of Secretary
Richard Cheatham, in which the latter
Intimated that Mr. Peters was not in
harmony with the suggestion, of Presi
dent Harvie Jordan and himself for a
reorganization of the department of
agriculture because his (Peters) salary
had been cut off at the last meeting of
the executive committee. Comment
ing on Mr. Peters disagreement, Mr.
Cheatham said Vice-President Peters'
cninrv -haiT been stODDed and he "did
not know why." 3?
Here is Mr. Peters' explanation:
"The reason Twas that at the last
meeting of the commltte it was claim
ed that the association had only $3,000
to run it until the fall, and retrench
ment must be made. Consequently the
president's salary was reduced by
$10,000, and my salary of $3,000 and the
treasurer's salary of $2,500 were cut
off. That is all there is to it, and Mr.
Cheatham's statement' that he did not
know my salary, was stopped and his
apparent effort to credit my disagree
ith President Jordan to the
fact, is, to say the least, most aston
ishing." VARDAMAN STOPS IT
Refuses to Allow a New County to
Be Named for Him
New Orleans, Aug. 2. Governor
Vardaman of Mississippi has refused
to allow the new county composed of
portions of Lincoln and Amite to be
named Vardaman county, after him,
on the ground that it is best not to
name counties after living men and he
has' suggested instead, the name of
George,', after the late Senator George.
A town was named after him some
months ago, but the late Postmaster
General Payne refused to accept it as
its postal name on the ground that the
eovernor of Mississippi had placed
governor oj. iviiiisaiyiJ vv -
himself beyond the pale of honorable
' rerosrnition bv his abuse Of rresiaent
. Roosevelt, and so the name Vardaman
had to be dropped at the postomce.
THE SCOURGE
IS SPREADING
Confined Chiefly to the State
of Louisiana
THE MOSQUITO THEORY
Government Physicians Proclaiming
It, With the Effect of Loosening
Up Quarantine Regulations Somewhat-Several
Notable Converts to
this Theory-Other Particulars
New Orleans, Aug. 2. New cases of
yellow fever are reported at Lake
Providence, Shreveport and Morgan
Clay, La., and in Plaquemine, Jeffer
son and Terrebonne parishes, and have
started a fresh lot of quarantines and
very nearly precipitated actual con
flict between Louisiana and Missis
sippi. "
But for these cases the quarantine
epidemic would have shown a little
improvement. There was a decided
improvement -in Mississippi, due to the
fever . at Lumberton not spreadinf.
That was the only place in the state
where it was found. The failure to
discover any new cases in the state
and the good work done by the Unit
ed States marine hospital service in
furnishing reliable information as to
the yellow fever ;and the means of
preventing its spread, also added to
the betterment of the situation.
At Jackson, Natchez and at all
points where these United States phy
sicians are stationed, they have spoken
before large audiences at mass meet
ings or otherwise, on ever occasion
pointing out that yellow fever Is not
a contagious disease, is not spread by
freight, but can be communicated only
by infected mosquitoes.
The mosquito theory Is being rapidly
accepted and quarantines are being
loosened up in consequence. '"--. ',.'
A. lecture by Surgeon Young, U. S
M. "H. - S., at Jackson 'yesterday, has
converted the entire town to the mos
quito theory and today it loosened up
its quarantine greatly. The same is
true of Natchez, Laurel, Hattiesburg
and other .Mississippi towns. . , r
Dr. Hunter, Mississippi health' officer,
announces himself a convert to the
mosquito theory, but Governor Varda-
man refuses to accept and will fight on
the old lines. His attitude Interferes
very greatly with any arrangement of
the quarantine difficulties and keeps
up the friction between Mississippi and
Louisiana. The bitterness between the
two governors growing out of the quar
antine has very nearly produced a clash
between the authorities ,of the two
states, and the danger is not yet passed.
Both the governors continue to ex
change war-like letters. The strain
very nearly produced an interstfae war
yesterday and. again today on the gulf
coast, where since the beginning of
the fever there has been much bit
terness. Most of the coast towns were
opposed to quarantining against New
Orleans, and they petitioned Governor
Vardaman to be excluded from hts
state quarantine against New Orleans.
Vardaman refused. and turned the mat
ter over to the militia with General
Fridge in charge.
New Orleans, Aug. 2 Governor Jekele
of Alabama has issued a quarantine
over the entire state of Louisiana, ' thus
making the quarantine official and
legal.
The MIssouria state board of health
will" meet at St. Louis tomorrow to
decide "whether it shall quarantine New
Orleans and Louisiana. Two cases' of
yellow fever and one death were re- L
ported from Westwego, the southern
terminus of the Texas and PacifiRaIl
road. All are Italians. -
Houston and nearly all the Louisiana
and Texas towns are passing ordin
ances ordering the screening of cis
terns, following the example of New
Orleans In the matter of" the purpose
of preventing the hatching, of new
broods of mosquitoes. The expense of
this sanitary improvement in New Or
leans alone will be $300,000. '
Fever Stops Workmen
Dallas, Tex., Aug.' 2. Forty men a
work in the Texas and Pacific Railway
shops at Marshall, Tex., quit work and
left that place today because of yellow
fever being so near as at Shreveport.
The shop forces exhibit' keen anxiety,
and more desertions are feared. No
Louisiana refugees have been permit
ted to reach Dallas-.
v Arkansas Fighting Quarantine
Little Rock, Ark., Aug. 2. -Details of
the stat militia are being made today
to guard the gateways to the state
The first detail under Captain Levant e
goes to Lake Village, Chicott countyi
which is on the Louisiana border in
Southeastern Arkansas. . . '
Rigid shotgun quarantine will be en
forced. The lines are tightening every
iujucu, -" " ..." j
. hour.' The state board of health will
hold aany meetings m conjunction wun
county board authorities. Health offi
county boara autnorities. wealth offi
cers have been detailed to examine and
report on any suspicious oases on the
southeastern border.
MONTGOMERY CUT OFF
No Fever .Cases in the Corporate Limits, but
. .. There's Been One . 1
Montgomery, 'Ala,, lAug. -2. Among
the places which have established a
quarantine against 1 Montgomery are
Birmingham, Tuscaloosa and West
Point. The same: course may "be fol
lowed by other towns. : The acting
mayor received inquiries from Do than
and Eufaula as to whether yellow fever
existed in this city. In reply he said:
"No yellow fever inv city. One case
developed last Friday, and removed to
Emergency Hospital, three miles from
city. Case convalescent. Montgomery
free from yellow fever and suspicious
sickness. Healthof town excellent."
The Quarantine at Norfolk
Norfolk, Va., Aug. 2. The quarantine
against all .vessels from southern ports
is being rigidly enforced by the fed
eral and state quarantine authrities at
the Virginia capes and in Hampton
Roads. Every vessel entering 'the capes
is held for a thorough examination by
the United States marine hospital au
thorities. The British steamship Othello,
from Mobile to Bordeaux and Havre,
and,steamef Lonwas' from Port Tampa,
were held up today but later passed and
came in for bunker coal.
V : The Day's Fatalities
New Orleans, Aug. 2. At two o'clock
there were three more deaths from
yellow, fever, bringing the total num
ber of deaths to eight for the day.
Dr. ICphnks, president of the city
board of health,1 gave out an interview
this afternoon to the effect that the
situation is brighter today than it was
any day last week, despite the fact
that' there were more than the usual
number of naw cases and deaths for
the past thirty-six hours.
SPECIAL GRAND JURY
r . -
Needed for the Equitable
Investigation
. '
District Attorney : Jerome - May ASK
for It Soon CourtrAdjourns in the
Meantime Until Septembers-Other
, Facts in the CaiV w
New. York, Aug. 2. District Attorney
Jerome told Justice David in the crimi
nal branch of the New York, state su
preme court today that he might need
a special grand jury to investigate the
Equitable Life Assurance Society's af
fairs before the legislative committee
has finished its investigation of life
insurance conditions.
The court has been kept sitting to
await possible action by Mr. Jerome.
He informed it today that he- was not
certain whether he would want the
special jury or not and would not ask
for it. now, but requested the court to
adjourn to September 11, which it did.
In the meantime, he" said any justice
of the court could grant the order for
a special jury.
In making a request for an adjourn
ment, MJr. Jerome said:
'"As. a result of the investigations of
the state superintendent of insurance
wnich called attention to he conditions
of the Equitable, I have discovered in
the investigation an extraordinary con
dition of affairs which affects not only
this country but all parts of the world.
"Transactions have been of such a
character on their face that they re
quire investigation by the district at
torney of this county. The state su
perintendent of Insurance is ' not a
prosecuting officer and the investiga
tion he, conducted was not with a view
of finding " whether the company had
conducted its business in a criminal
manner. While the Investigation of
the superintendent covered a wide
field there were points that were in
adequate for a prosecuting officer for
the purpose of prosecution.
"Since reading the testimony I have
made some investigation and inquiries
for myself and as a result of them
further inquiry is necessary and im
portant in. my own Investigation."
Mr." Jerome added that the legisla
tive investigating committee would ap
proach, the subject as did the super
intendent of insurance. The commit
tee, he said, was not chosen to dis
cover whether a crime had been com
mitted, but to ascertain facts and de
vise legislation. Yet it might disclose
facts highly complete to the district
attorney and he might need the ser
vices of a special grand jury.
A FATAL STORM
Two. Boys Killed and Many Persons
, Injured In Louisiana
New Orleans, Aug. 2. In a violent
wind and electric storm which .pre
vailed throughout Louisiana early this
morning two boys were killed out
right - at Besomay and twenty other
persons were injured by large uproot
ed trees falling on their houses.
Several houses were struck, by light
nine at Franklin. Monroe and other
points in Louisiana. In New Orleans
the partially constructed power .house
of the Consumers Electric Light com -
cauy was blowij down.
A DEEP GAME
OF DIPLOMACY
Chinese Minister Playing It
at Washington
WANTS A NEW TREATY
Present Exclusion Laws of this
Country Against Chinese Being
Resented-Effect of Boycott Will
Be Largely Depended on to Bring
Uncle Sam to Terms '
'
Washington, Aug. 2. The Chinese
government through Sir Chentungi .
Liang Cheng, the Chinese minister I
here, is playing a deep game of diplo-
macy in the negotiations for a new
Chinese exclusion treaty. For the
present the Chinese are playing a
waiting policy, calculated to bring this
government to terms when the re
sults of the boycott, insttuted over
two months ago, but scarcely yet in
full effect, begin to show the effect
on American producers and manufac
turers. Although a few months ago govern
ment officials thought there might be
some chance of having a treaty jeady
for. the Senate when it convenes in
the fall there is now scarcely any
hope of such an event. Drafts and
counter-drafts ' of the proposed treaty
have been exchanged, but a final de
cision is; by' no means in sight, and
the negotiations are , now at a stand
still, the Chinese minister refusing to
take any action. The greatest differ
ence of opinion between this govern-
lment and that of Pekin-is the dis-
tinctlon between laborers ! who should
be excluded and those who should not.
The laws of the United States prohibit
incorporating some of the points the
Chinese, desire, and, government offi
cials who are anxious for a' treaty ap
pear, to have no hope in securing the
consent Of congress p to - make ' such
chances in the laws that would permit
the meeting of the Chinese demands.
The definition of the word "laborer" is
the point upon which no agreement it
would seem can.be reached.
"The state department has received
a few letters from manufacturers from
various parts of the country asking
that something be done to stop the pro
gress of the boycott. This government
through W. W.RofkhilI, the American
minister at Pekin, sought to stem the
anti-American movement throxigh the
aid of the Chinese' government. Mr.
Rockhill was unsuccessful in his efforts,
and orders were issued to the viceroys
and governors of the various provinces
of China to make every effort to stop
the boycott. The order, as far as is
known here, has no effect and seems to
be spreading rapidly. The effect of it
has not been seriously felt so far, but
when it is put into complete operation
government officials here look forward
to many complaints from- manufac
turers throughout the country.
The Chinese minister and the state
department can not agree on a number
of points. The minister for his governr
ment insists that the treaty shall admit
all who are not distinctively laborers or
coolies, while the government here
believes that many of those whom the
Chinese government would have ad
mitted to this country, should accord
ing to the laws; be -barred out. The
Chinese are now believed to be waiting
for the display of the full operation of
the boycott will show. In this manner
they believe the American government
can be brought to their point of., view.
HE HAD A HISTORY
Last Surviving Member of Confeder
ate Senate Dropped Dead
Dallas, Tex., Aug 2. Col. H. Fitz
hugh, who dropped dead in St. Louis,
was the Jast known surviving officer
of the Confederate states Senate, has
been sergteant-at-arms of, that body
during nearly its entire existence. He
also commanded a part of the first
forces organized in Richmond, his na
tive city, for the defense of the Con
federate capital.
After the war Colonel Fitzhugh
moved to Texas from Virginia. He
became noted as the Democratic door
keeper of the national House of Rep
resentatives thirty years ago through
the widely " published statement- that
he was a bigger man. than old Grant,
General Grant at that time being presi
dent. ' ,
During Tthe last twenty-five years
Colonel Fitzhugh.. had been identified
with the promoting of rtroad enter
prises in Texas and was also connected
with the oil business.
Death of a Child
West Durham, N- C., Aug. 2. Spe
cial. Emelin MfcCracken, the nine-
- vear-old daughter of Rev. J. H. Mc -
J. H. Mc-
' Cracken, pastor of the West Duham
' Methodist church, south, died here at
I noon today. She was a-bright lovely
5 child and the deepest sympathy is felt
for the bereaved parents. Besides the
distressed parents she leaves two lit
tle brothers. The funeral will be held
at 4 o'clock tomorrow.
JERSEY'S MISSING MAYOR
Owes, a Lot of Money and Seems to
Be Lost for Good'
Patersoni N. J., Aug. 2. Although his
family and his friends, have long and
earnestly sought for Mayor William M.
Belcher, Paterson's missing mayor, the
latter, it was admitted today, has dis
appeared as completely as though the
earth had swallowed him up.
The mayor owes an amount now es
timated by his friends at $25,000, of
which $6,000, according to the state
banking department, he obtained by
misrepresentations from banks and
trust companies.
The mayor is intensely popular and
his friends have rallied manfully to
his support even in his unexplained ab
sence. They have promised to make
good every cent he owes.
Despite all the work on the part of
his friends towards paving the way for
the mayor's return, not one clue as to
his whereabouts exists tonight, if the
1 statement of his closest friends can be
believed. Late this afternoon several
of them admitted having intimation
that It is possible that in a temporary
insanity mood he might have killed
himself. They based this on the fact
that for a month past the mayor has
not acted like himself.
There was a rumor about the city to
day that the mayor had been found 4n
New York, but it proved untrue.
Oxford Man Paralyzed
Oxford, N. C, Aug. 2. Special. Mr.
Eugene Crews, prominent tobacconist
of the firm of Usry & Crews, was
stricken suddenly at his home in Ox
ford with paralysis of the left side. He
has been in an" unconscious state all
day and is considered extremely ill.
HYDE IS COMING BACK
He Cables Secretary Wilson
to That Effect
The Secretary of Agriculture Wired
Hyde Urging Him to Return He
Had Agreed to Assist the Govern-
ment in the Prosecutions
Washington, Aug. 2. In answer to
a cable message to John Hyde former
chief statistician of the department of
agriculture, urging him to return to
this country, Secretary Wilson today
received the following dispatch from
Mr. Hyde: .
"Southport, Eng., Aug. 2. Return
ing as soon as possible. Letter on
way."
Mr. Hyde left Washington about the
time a special grand jury convened to
investigate the leakage in the bureau
of statistics of the
agricultural de-
partment.
When Mr. Hyde resigned as chief of
the bureau he agreed to hold himself
ready to aid the department of justice
in the investigation it is making. He
took passage for ' Europe a few days
later, and his departure was"not learn
ed until he was beyond the jurisdic
tion of federal authorities, who wanted
him as a witness before the grand jury.
Secretary Wilson was very much
pleased today when, he heard from
Mr. Hyde, and in announcing that the
former statistician would return to the
United States he said it was "good
news" that he was giving out.
There was a report here today that
Mrs. Bertha Burch, stenographer in
the, division of statistics! during thq
administration of John Hyde, is still
on the government pay-roll. This is
explained on . the ground that Mrs. 1
Burch was given a thirty days' leave
of absence from the date of her resig
nation. An article was printed in Washing
ton this morning to the effect that Jas
per Wilson, son and private secretary
of Secretary Wilson, went to Alaska
on a jaunt last year at government
expense. The secretary explained this
matter today. He said there was no
possibility of graft entering into the
transaction.
"There was a dispute between t!he
miners of Alaska and other pepple not f
living in AiasKa, witn regard to mo
condition of the game there," said Mr.
Wilson. "It had been reported to me
by some of our scientists that game
was abundant and the supply in no
danger of exhaustion. . Delegations
from Alaska came here protesting bit
terly against sending anybody in there
with permission to shoot and bring out
trophies. Congress had : given me the
power to grant the permits and we
were giving them freely for a while.
Foreign noblemen ' wanted to go " ta
there and shoot, and get trophies and
they would shoot and shoot until they
got as good a specimen as they wanted,
leaving the carcass of the others to
rot. " The miners claimed that they
lived there . in the winter; that tine
game was a. resource which often
stood between them and starvation.
They thought it ought to be left for
their use.
.' - tnat was ixie aiapuie, ana nero
"So that was the dispute, arid here
war; the demand for permits to hunt,
nd bring trophies, and I ,
wanted to know the real. facts. I sent j
cCominued On Page Two.)
JUDGE SCORES
ALICE WEBB
f"
-
Says She Is a Notoriously
Immoral Woman
DENIES HER ALIMONY
She Will Get Nothing in the Way
of Alimony Out of Brodie Duke
Pending His Suit for Divorce In
teresting Details of Action in New
York Yesterday
New York, Aug. 2. Alice Webb
Duke who was married to Broadie L.
Duke in this city last year va3 severe
ly scored today by Justice Giegerich,
in special term, part 1, of the supreme
court, in a decision refusing to allow
her any "alimony pending the trial of
her husband's suit for an absolute."
divorce.
"That she is a notoriously immoral
woman and has .been for years, and
has continued her immoralities since'
her marriage," said Justice Giegerich, ;
"I must recognize as established by -the
decided preponderance of, proof.
"There is evidence also," continued"
the court, "that she and. a group o(
women she consorts with have made
practice of extorting money from men
with whom they have had illicit re
lation. ,
"She "is now suing the plaintiff," sail ,
the court, "in an action In which she
is represented by the same attorneys
who defended her other suit for the
sum of $250,000, for his alleged breach,
of a contract claimed to have been
made at about the time of her mar
riage to him. Aside from the lack of
merit in her case, it appears that she ,
is able to procure legal services with
out the granting of a counsel fee." (
With this expression of opinion of
Mrs. Duke, Justice Giegerich denied hen
application for an allowance of $5,008
for her counsel and the expenses hi
defending her husbands suit for an
absolute divorce.
In denying the woman's application?
for temporary alimony at the rate 61'
$250 a week Justice Giegerich said that
the success of Duke in his suit for an
absolute divorce "is inevitable."
In this connection he said: "The mo
tion for alimony should also be de
nied. Ordinarly where a wife Is charg
ed with misconduct, and she make
explicit denial thereof under oath, th
courts are strongly disposed, and pro-
r perly so, to grant her an allowance
for her maintenance, as well as tot,
her defense. But where it clearly ap-
of the nA in the action Is in-
evitable no such allowance will ba
made.
"To compel this plaintiff (Duke) to
pay further sums of money to this
defendant would, in my opinion, be a
shocking perversion and abuse of the
statutory rule just mentioned." y
Justice Geigerich also said: "It is ai
significant fact that this application
for alimony and counsel fees rests or .
the unsupported affidavit of the de
fendant alone, and this too, although,
J
an opportunity was afforded to reply,
to the many charges of the many af
fiants who speak on behalf of tha
plaintiff. Her oath is, nevertheless, all
that Is offered in denial or rebuttal."
Champe Andrews is counsel for
Duke. Duke asserted in support! of,hi3
suit that in May his wife was guilty
of such conduct with a certain man
In a sleeping car on a train out or
Chlcagoos entitled him to an absolute
divorce. Mrs. Duke denied this charge ,
and filed counter charges against her,
husband which, she said, justified thaj
court in granting to her a decree of ;
absolute divorce.
During the .argument for alimony'
and counse.1 fees before Justice Geig
erich, John M. Ham, counsel for Mrs.
Duke, said that she was an innocent
woman and wa3 the victim of a con
spiracy by which a detective was pro
mised $5,000 if he "would make evi
dence" against her.
"He was to make evidence against
her for this $5,000, not merely to dis
cover evidence. He made the evidence
and he received practically all ot
$5,000."
Louis Sturcke who wSth Chamx
Andrews, is counsel for Duke, denied
this charge of conspiracy. He said
that there was a clear case against
Mrs. Duke and asserted that she was
not worthy of belief. He submitted to
the court affidavits that have been on
file for" years. In the supreme court,
which he said disclosed the record of
her suit to establish a marriage with.
George W. Hopkinson. In that suit
Alice L. Webb Hopkinson sued Hop
kinson to establish an alleged con
tracted marriage. .The records show;
that Justice Lawrence dismissed he
.suit.
Dublin, Aug. 2 J. J. Mullett, wh3
was convicted and served a long sen-
, f A 1 AL. 3 4
; tence for complicity sin ine inuiuer o
jrd Frederick Cavendish, chief secre-
tary o Ireland, and C. H. Burke undoi
secretary, in Phoenix Park on May 5t
igs2, died today.
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