itN iind h OMKN muiiey s ive. t> ct'.c ■■nd •50 SD VOL. I. ELM CITY, N. C., FRIDAY, FEBOUABY 7. 1902. NO. 26. FOUR ACRES BURNED la (be Heart of the City of Water- 1)ury, Cooo. NO LIVES ARE REPORTEd AS LOST. rlames Held Complete Sway Over the City For Ten Hours—Property Loss Over $3,000,000, Waterbury, Conn., Special.—^The «nn rose Monday morning on a blackened and smoldering . mass of ruins that marked the main business section of the city. There Is a very strong sus picion that the fire which completely destroyed the Scoville Honse, burning thousands of dollars* worth of furn iture, apartments, and personal effects and imperilling many lives, w& the work of an incendiary. The fire origi nated in the poof and billard room in the basement of the house on the fur ther side from the burned district. The room was locked and no one was sup posed to be there. No fire was kept in the room, all heat being supplied from a boiler in another part of the building Manager Truman said at the police station while the fire was still raging, that he had. not the slightest doubt it was of incendiary origin. No one could be found to explain its origin and the authorities have been quietly investigating. The fire came so close on the heels of the big cdnfiagration that thousands of spectators who wit nessed it were thrown into a more complete panic than the original fire caused. I’he fire had only begun to die out along Bank, Grand and South Main streets at 4 o’clock, when flames leaped upward, as by magic, and peo ple feared the city was doomed after all. The call was rung in promptly, and the engines thsrt hurried to the sceae turned their attention mainly to preventing the spread of the flames. It was evident that the hotel was doomed and if the fire had reached the adjacent buildings, there would have been very little hope of saving the center of the dty. The fire burned far into the ^aj and was not extinguished until even ing. Th(j loss on the hotel will reach $150,000. For tea hours Sunday night and Monday the flames, fanned by a high .wind, held sway over the business por tion of this city, causing a loss that will exceed $3,000,000. The beet por tion of the city, forming a triangle bounded on the north by Exchange Place, on the west bv Bank street, on the south by Grand street and on the east by South Main street, was almost wiped out. The first Cire which started in the big store of the Reid & Hughes Dry Goods Company, on Bank street, was not considered under control until about $3,000,000 worth of property had been destroyed. About the time the firemen supposed they had the flames under control a second fire broke out in the Scoville House, the city’s lead ing hotel, remodelled by the late Judge E. C. Lewis, a few years ago at an ex pense of about $75,000, and the estab lishment was completely wrecked. The occupants of the hotel wore forced to seek the street in their night clothes. With the ringing of a second alarm the entire city was thrown into a panic. There WaS a fierce gale blowing and £parks from the burning hotel were driven in lurid showers ova- a great area. The occupants of buildings lo cated in the path of the wind prepared to leave. Although the Waterhury fire department was re-inforced from near by cities, it was for a time impossible to stay the progress of the flames. The fire in its entirety burned over: four acres of the city’s best busine» section. Among the prominent build ings totally destroyed are the block oq- cupied by the Reid & Hughes Dry Goods Company, the plant of The Waterbury American, the Hasonic Temple, the Scoville and lYanklin Houses, the W. L. Douglass Shoe Com pany, the Johnson block, the Salvation Army Workingmen’s Home, and scores of other buildings. In all about 100 of the most prominent business houses are burned out. Many Dead Taken Out. Eagle Pass., Tex.. Special.—Eighty- four bodies and sixteen men barely alive, some of them horribly mangled, have been taken from the Hondo mines. The foul odor from the mines caused the search for the bodies to be tfm- porarily discontinued, but disinfectants arrived and the work will be refmmed. The shaft had 118 men enrolled and 18 are still missing. Twenty-ftre head of dead mules have been taken from the shaft. The damage to propwty Is very great. The company 1^ obtained all the physicians and nurses that can be secured from all polnfii and is doing everything possible to save any of the who may tdU be allTe. WISl A COHPIOMISE, DEPARTMENT REPLY Owens Cherry Tree People Want to Settle Up. Wishington, Special.—The Amos Owen Cherry Tree Company people are lighting for an early adjustment of their difficulties with a desperation that is iM^parently born of an ardent desire to prevent the submission of tb^r case to courts. Their latest move, which had for its object an immediate com promise. was made in this city Monday afternoon. The compromise proposition was submitted to District Attorney Holton by Senator Pritchard and B. J. Justice, attorneys for the defendants. The. most important provision of the proposition, which was submitted in writing, was to the effect that the de fendants would pay over to the army of claimants all the funds the com pany now has on hand, about $30,000. Mr. Holton was then, according to the terms of the compromise, to go to the Attorney General in company with the attorneys and acquiesce in the propos ed settlement. The district attorney de clined to entertain for a moment any form of compromise, and, suiting his action to his words. Holton, left Mon* day night for Shelby, where he will personally conduct the prosecution, when several of the cases are taken up for preliminary hearing before a United States commissioner. Two of the incorporatiors of the concern. Rev. Thos. Bright and his daughter, will not be given-a hearing until the lltk inst., in Jackson county. One other arrest is yet to be made, and it now seems that all of the cases, about fifteen in num ber. will certainly be taken up for trial at the June term of court in Char lotte. The maximum punishment iS' $600 flne and 18 months’ imprisonment, and it is this punishment that the de fendants are now facing, as all at tempts at compromise have met with signal failtires. Schley Speaks. A Nashville, Tenn., special gives an account of the reception tendered Ad miral Schley at that place as follows: After a number of speeches. John T. Lellyett, on behalf of the Nash- Tille councils of the Royal Arcanum, presented to the admiral the jewel of the past regent of the order. In accept ing, Admiral Schley said: “Mr. Chairman, My Brothers of the Royal Arcanum and My Very Dear and Sweet F^riends: The welcome you have accorded me in coming into your midst has stirred me almost beyond the power of words to say. I realize now that not one-half had been told me of your illimitable love and hospi tality. I have concluded that the home of Crockett and Jackson and Polk and Farragut could not be otherwise than sweet and hospitable. And you have, I think, in your present estimable Gov ernor and his beautiful wife, fit repre sentatives of the noble men and women of the Tennessee of old. “My Brothers of the Royal Arcanum. This gift comes so unexpectedly thit it almost paralyzes my tongue. 1 had no expectation of such a gift, but it does not require anything to make me love and remember that the members of this order are my brothers. “I belong to a profession which has done everything that has challenged fear. In war, the history of which you aJl know, I tried to dQ my duty. But often we have looked^^ the fiag and found the answer therlP' But when the order came to come home, the order was then, ‘Up anchor, boys, for God’s country,’ and it was but a few moments until the anchor was at the bow and this ship started for the fairest country on God’s green earth.” He then paid a beautiful tribute to the fiag of the nation, telling how that on board ship when the fiag Is taken down, it is never allowed to touch the deck but It is carefully caught and folded in the idr and laid carefully away. “That,” he said, “is what we think of the fiag.” “I want merely to say that my habit has been heretofore to address my audiences through the trumpet. I am not used to addressing andiences of this size and I get what is known as stage fright. But I can only thank you for the welcome which yon have given me and for the kive you have shown, which will go with me an ISirough life as oa® of it* b«st •weetest memwrlee. The band played "Dixie” again, and the admiria had hardly taken his ant until he had to rise again to gr«t the shouts and cheers. At 6 o clock. Ad miral and Mrs. Schley dined quietlv with Major and Mrs. B. B. Stalman at the letter’s residence in Vauxhall Place and proceeded from there to the University Club, where Major and Mrs. Stahlman entertained in their honH’. The affiair was on a magnifi- eent scale and at its conclusion the distinguished visitors formally took iMve of Nashville. Navy Departmeot Files Aoswer to tbe Appeal of Schley. OBJECTIONS TO HIS STATEMENTS The other Side of the Question Pre sented to the President By the Navy Department Counsel. Washington, Special.—The President has received the comments of Judge Advocate Lemly and his assistant, E. P. Hanna, on Admiral Schley’s appeaL It was transmitted by note through Secretary Long of the Navy Depart ment. to whom it was referred by the President. The comments of the Judge Advocate and his assistant makes sixteen printed pages. Admiral Schley’s record is hotly as.:alled and the argument attempts to show that Schley was not in command at Santiago, but that Sampson was. Much of t>-« evidence of the court of Inquiry is reviewed, especially that part relating to signals in the battle of Santiago. The Navy Department’s re view of the appeal says in part: “In the appeal before you the appli cant and his counsel have shifted iheir ground. The features of the case that chiefly occupied the attention cf the court during the forty days of its sit ting and to which the great mass of the testimony adduced relates, were: 1. The retrograde movement. 2. Disobedience of orders. 2. Inaccurate and misleading official reports. “4 Failure to destroy vessels of the enemy lying within sight; and “5. Injustice to a brother officer. “Upon all the above named features, believed by us to be the most import ant, if not the only really important matters into which the court made in quiry, the conduct of Admiral Schley was condemned by that most distin guished tribunal. Admiral Dewey and Rear Admirals Benham anl Ramsay united in their findings and opinion npon all of these several pnints, and they united also in the signiflcMut rec ommendation that no further procoed- ings be had ‘in view of the lenshth of time which has elapsed since the occur ence of the events of the Santiago can- paign.’ ‘The applicant and his counsel, ig noring all these grave matters, now ap peal to you—before taking up an en tirely new matter which was not in the case—for jrour action upon certa'n Jeffries Backs Down. New York. Special.—Expectations of an immediate match between Jim Jeff ries and Bob Fitzsimmons were .?hat-, tered Montey. when Jeffries and Jim Kennedy, acting ter the Tosemite Club, at San Francisco, talked matters over fai a newspaper office. Jeffries promptly refused to make . match on the terms already accepted by Fitzsimmons, and there the matter rests for the pressai 300 Froeep to Deatli. Tol iivoina. By Call)le.-xDetRi1s of the loss of about 200 Japanese soldiers, who were fixoen to death, have heen ricir- ed hero. It seems that a command of 2W me-i. prac^cing winter marching were ca oght ii a blizzard on the north ern of the island of Honda and lost their tcMd. Death of Prominent Man. James W. Tufts, of Boston. Plnehurst, N. C.. died at the latter place Sunday night at 9:15 o’clock. The news came In telegrams and letters to McD. Watkins, EJsq., and J. W. Wads worth’s Sons, of Charlotte, all of whom have business Inteirests at Plnehurst The death of Mr. Tufts was sudden and unexpected. It occurred at the Hotel Carolina after an illness of less than an hour. He had been' about town nearly all day and after supper Sunday night visited the music Toom. com plaining of a pain in his stomach, he retired to his room and expired at 9:15 o’clock of acute-indigestion and chol- «ra Died of Heart TrvnbleL WaAinston, Bpeda^-fleeretiry Lo»g haa tvfelved a telesrun annoohelfig t'b»£|Mr Aftmtnfl X«wto JL Klmhedy, D. 8. K.. ra«Tttd. die4 West Newton, UMi., thkr BBomfaig. Admiral Ktanhep- ^ wtm Mieetcd for senrlee on the Schley court of inqihtiy, bnt was com' pelled to decline on account at 111 health, heart troohl* was the oa«se of IN CONGRESS. SCHLEY’S APPEAL detailed Doings of Ow NatloMlL«fr« _ makers. j Tltc Adnlral Shows Caase Wky Coirt HOUlSB. I Thirty-fifth Day—The Hooae deroteif! OpIiloB SMd Be Set Aside. the day to general debate on the oleo- 1 — margarine bilL The opponents of the measure attempted to fllihnster against it at the opening of the session, but were beaten by more than a two-thirds vote. Hie speakers were.Messrs. Henry, Of Connecticut; Haskins, of Vermont, and Graffee, of Illinois, in favor of the and Messriir Wadsworth, of New York; Foster, eC minois; Burle son, of Texas, and CUyton, Ala bama; in opposition to It. Those who antagonized the measure favcH'ed the adoption of the substitute which is de signed to prevent the fraudulent sale of oleomargarine under the guise of but ter. Mr. Henry, of Connecticut. In charge (tf the measure, made the opening pre sentations In Its behalf, following closely the arguments of the committee which reported the bill, Mr. Burleson, of Texas, opposed the bill, which, he contended, would seriously. Injure the cattle and cotton interests of his State. Mr. Clayton, of Alabama- closed the debate for the day with a speech against the bill. While the latter was arguing against the constitutlcMiality of the measure and appealing to his borthers on.the Democratic side to stand by their doctrines, Mr. Qepbum, of Iowa, interrupted to ask whether Mr. Clayton believed the present law was constitutional. “I do not.” “It was passed by a Democratic House,” suggested CASE IS THOIOUGIILY lEYIEWED Mr. Hepburn. W^uid the gentleman like a.list of the distinguished Democrats who voted for “I prefer not to be Interrupted fur ther,” replied Mr. Clayton, amid laugh ter. At the conclusion of his remarks the House adjourned. SENATE. Thirty-fifth Day—Another Ctaims That Adnhal Dewey's Opln- m Should Be Adopted — Strons The Navy Department has made pub lic Admiral Schley’s appeal to the Pres ident, filed about a week ago. The De- partment’a “comment" will he publish ed in a day or two. Admiral Schley appeals to the. Pres ident as the Chief Bxecutlv« and com- mander-ln-chlef of the arrey and navy “vested with power to regulate and direct the acti of the several execu tive ofllcers thereof," and he asks the President to review the findings of tbe court. He asks this on three grounds. In each case basing his appeal on the findings of Admiral Dewey as opposed to the majcrity report. Thesa three grounds are set out eompeniiously in the “petition," whish fllls about eight printed pages of a pamphlet and is signed by Admiral Schley, and by Messrs. Rayner, Parker and Teague, of his counsel. Attached to the retition iire three exhibits. A, B and C, each made up of copious extracts from the testimony taken by the court of Inr.uiry and Intended to confirm the etatements of facts made In the petition Iself. In this latter document the first ground of appeal is the holding of Secretary Long in his endorsement on tbe court’s find ings that “the conduct of the court la making no finding, and rendering no opinion on .those questions (that of command, and of credit for >.hu vic- toxy) is approved—Ind^d it could with propriety, take no other course, evi dence on these questSocs during the in quiry having be&n exiduded by the court” On this point the petition says spirited|that the Secretary of the Navy was in tiago was eSMttra.* Oth«rwlM. the pe titioner states that he will he without finding or opinion upon one of the most important speeifleatloBa. The third recitM that Admiral Dew ey, accordiag to the evidence, hdd that “passage from Key West to Cieafnegos was made by the flyiog iaaa&t» witk an possible di^teh, having in view the importance of arrivtag off Cleafne> goe with sulllelent coal; that tiie Uoek- ade of Cienfnecoe WM effective, that the Adula was permitted to go in to gain infonnatimi;' and finally that the passage from Cienfnegoe to a point Off Santiago wa« made with aa mnch dispatdi as poaelhle, wUie keepiag the sqniidren a nBlt” The petitloa etatss that this opiaion. hens ct vnrtece la ceriala points with the majority opin ion. Is tiie only one Justified by the facts before the coart and it ii asked that the Secretary’s approval of tho irajority findings be set aside and an nulled In each Instance where it is at variance with Admiral Dewey’s opin ion, and that the latter's opiilon should be approved for the reasons heretofore set ont in tiie hill of excep tions filed with the Secrctahr of the Navy. It Is also aaked that the President aanual that portion of Secretary Liong’a endorsement which stites: “As to points on which the presiding member differs from the opinion of the majority of the court, the opinion of the majori-' ty is approved.* and that in ita place he substitnte and vprove the declara tion of Admiral Dewey on these pointy above referred to. connected with the passage from West to Cisnfuegbs and thence to Santiago. The petition concludes: “And your petitioner most respect fully states that only by the action tor which he prays in this relation can exact Justice be done him within the contemplation of the precept, under which the said court sat and whence it derived its authority.” Exhibit A is an argument and a re- of testimony concerning the dTBE BIDDLE TRAGEDY bti Ser Me li 1 Hut BoriHt CMW9S STOOD MuUm TIE Jill Coroncr*a laqnest D«velo|^ tke FMt That Both tha BIddlee Attempted Butler. Fa., SpeeiaL—The terrlhin fkte of the Biddles was the sole topis of conversation hese Sunday aad enr- loQs throngs of peot»le have been dsfy' ing the storm, han^g ahont the Jail entrance la vain Attempts to get la to see the bodies of the dead mnrderera. A great deal ef sympathy for the boys is expressed on all sides, and not a few of the Temale portion of the crowd esc pressed a desire to see what manaer of a man Bd. Biddle was, that he coidd exert such wonderful Influenee over the woman. The Jail doors were chwed all day and no one got in bat the doetocs who attended the autopsy, aad the eoroncr's Jnry. The newspaper report> ers were excluded from the inqneet. which was held in the Jail, and BolUu concerning the dellberatl{^ conld he learned nntil late in the aftemooa. The testimony of all the ofllcers coneeraed Kcepi Rob debate, with the PMUppine ^ff bm j stating that t»ie court rsolud- as the text, was i ed testimony to shew that, as Dewey Tennessee, in the course of an ex-1 the battle of Santlags. was in absolnte tended speech on the general Philip- command and was due tii« rredit for pine question. It wm the Tennessee victory which restiUed In the total minor and comparatively unimportant j oLboth“sides of the'chamber. He ! On th’s point the petition says: "And features which were in the case, 'riiey | gpoj^g without manuscript, with force your petitioner, ‘the applicant* before specify dilatoriness in the squadron's | eloquence. At the conclusion of court of Inquiry, now files with movement to Cienfuegos and after- } address, which had been listened ^n argument, together wards to Santiago; failure while at | to by many of his former ^U^gu^ ^ resume of the testimony taken Cienfuegos to take any adequate steps ; in the House of Representatives, Mr. innni™ in it re- to ascertain the whereabouts of the ! Beveridge, of Indiana, challenged some during the inqui^ In so far as it re- Snanish fieot. and the effectiveness of of his statements. The debate which lates to the questions as to who was in - —• * ensued was very lively for a few command at the battle of Santiago, in minutes, taking on a political P^^e „pport of the presiding officer’s re- which that he acted within his authority as weir*as the galleries. Mr. Bever- and Jurisdiction In reporting bis opin- idge and Mr. Tillman, of South Caro- on as hereinbefore set forth, and that lina, became involved in a heated col- majority members of the said court loquy in which t»:o failed in the discharge of a most Impor- hot as both Senators could well make devolving upon them under the blockades maintained at Cienfupgos and Santiago. The members of the court differed their opinion respecting these points, which are obviously of minor signifi cance as compared with the grave nrat- ters above set forth upon which there was not and. in the face of tho testi mony. could not have been any differ ence of .opinion in the court. Certain errnneous statements, if in advertent, yet none the less mils'ead- ing, appear in the appeal. Approval of Admiral Dewey’s ex pression of opinion upon the question of cammand involves two points: “First, Was Commodore Schley in 'absolute’ command during the battle of July 3? Second, and quite a different pro position, Is he 'entitled to the credit due’ for the victory? The first point is purely a technical once, where we have the case of a run ning fight, covering a distance of about forty miles, and the question is affect ed by the naval practice of reachluj distant ships by repeating signals. Upon the second point, whether Commodore Schley is entitled to the credit for winning that battle, the tes timony from himself and his main wit ness is so conclusive as to give no doubt. In the course of the proceedings before the conrj cf Inquiry, every prop raised to support tLe contention tuai Commodore Schley did anything to achieve the victory bv issuing orders as commanding officer of the Ameri can fieet was removed. 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 dag- ship, the Brooklyn. “The contention that the magnificent work of the Oregon or any part of it was under orders of the BrooKlyn, or that the Oregon received and obeyed even a signle order from Commodore Schley from the time the Spanish ships were sighted to the time of the surren der at the Colon, which surrender may fairly be taken as the close of the bat tle, must be abandoned; and with it goes the last peg upon which to hang the pretense of a claim that during the battle of Santiago Commodore Stjhley efitctively exercised any of the func tions of a commander in chief. “The weight of testimony is to the effect that the commodore controlled the movements of his flagship, the Brooklyn, well, with the exception of the loop. But it also shows, not nega tively, but affirmatively and beyond nuesUon, that he did not control the operations of the .fleet in general on ^“Att*ttils Is established, not by theo retical deduction or expert or Inexpert orlnkm. but by direct, posiUve. unim- peached and unimeachable tesj;to^y. gi^’en nnder oath by the admirals *brothers in arms.’ The tlw record upon ^hich thelt teatimony I0 regMed are above clt^. Plain troth of the mattefrthMe- tere, dweloped for the fittt the BeKchlngs of this inquiry, although quite incidentally, la thit eo far aa tte Gloncerter, Iowa, Oregon are concerned, not the stroke ft a propeller blade, not the touch of a b»*lm, not the firing of a shot, was done u^der the direction or by the wien of Schley dsiing thla-hattl^ ^Prior to the taking up of the Philip- the precept in that they did not ee- pine bill, the measure providing for an port their opinion upon the said ques- increase in the salaries of United tlon; that it was Incumbent npon such States judges was majority members to consider and de- SLriJc°"easinTSe fiSS ofTemi termlne the said question for the ru bers of the House of RepresenUtives son that only by so doing conld they to $7,500 annually, beginning on determine the propriety ef the conduct March 4. 1903. was rejected. 15 to 44. g^id Schley in said b.itUe, since the detail^ vote being as f^ow^ it being a fact that he did assume Dubo^.' Gallinger. Gamble. Hans- command of the American forces ther^ brough. Hawley, Heltfeld. Klttridge. la engaged, his action would in the ab- Quarles, Quay. Stewart, Turner, War- sence of the right and duty ?o to t'o ren, Wetmore—15. have been highly cens-jrab*s ftjil upon Nays: Bacon. the questions of such right and d-.:ty Clapp, c[av. Culberson. Cullom, De-’ «nd the propriety ot!.?» -.m.lu-t the boe, Deitrich, Dillingham. Dolliver. premises the said Schley was entitled Fairbanks. Frye, Gibson, Hale. Harris, under the precepr, to .1 finding and an Hoar, Jones of Arkansas. Kean, opinion from ;he miijority memVers Kearns, Lodge. McLaurln of South well as from the minority members of Carolina, McMillan, Mallory, Martin, the said court, and yocr petitioner re- Mitchell, Money, Morgan. Nelson, spectfully requests that the said ergu- Patterson, Pettus, Platt of New York, ment and resume of testimony (which Pritchard, Proctor, Simmons, Soooner, ^re attached hereto and marked ‘Ex- Taliaferro. Teller, Tillman, Welling- wbit A’ be considered aa a part of this trn—i4. petition and is the basis for his prayer An amendment was offered by Mr. for relief in the premises.'’ Therefore Foraker extending the propos^ In the petitioner asks the President to crpase of the salaries of circuit ... judges to the circuit Judge Of Porto annul Secretary Ixing’s endorsemMt Rico Mr. Tillman inquired of Mr. For* on this point, and that ne specifically aker whether Porto Rico was in the approve Admiral Dewcf s matejrent United States or not declaring that Schley was In command. “I will say to the Senator.” replied He says that only In this way can ex- Mr Foraker. “that Porto Rico belongs act jusUce be done him under the pre- to the United States.” ;cept “The matter of belonging to and be- The second ground relates to the ing 'in’ is enOrely different.” I alleged withdrawkl of the squadron at Mr Foraker thought this was not night from Santiago Bav and the char- a nroner time to discuss the status of aeter of the blocade and the propriety Porto Rico. ! Of Commodore Schley's conduct in the “Oh there is plenty of time.” said; premises. This was ona ol the poinl4 Mr ’fniman. "We’ve got the whole ; upon which Admiral Dawey specifically in the capture was taken except Ray, the Butler policeman, who is sick. The testimony of Dr. R. B. Gner. who was one ot the doctors who atteadtd the Biddles, and of Sheriff ThoBaa *. Hoon, was also takea. The verdict said that Bd. Biddls came to his death by a revolver wlM fired from a S8-calbre revolver hy him* . self, and that Jack Biddle met hla death from a gna-shot wonad inflicted by the ofllcers in the discharge of thsir of Santiago. It U sUted that the pre- ) cept and instmrtions directed the court i f*]?* tion. Therefore counsel hold that It is : iSa an IncontesUble fact that the court was * authorized to determine the question j 2* of command at the battle of Santiago. ^ of fact as to whether the court did ac- , tually entertain and consider the qu^ i tkm of command and to determine this . point they submit a great number of excerpts from the official record of the {L Coun^i tiut the pout. In IMy Md n mn dispute and undlcided by the court are detrimental to the »ervice and to ^ Schley, and should have been settled. . counsel next taae up the qne^on of the propriety and JusUce of Dewey’s L opinion that Commodore Schley was in hni^ absolute command in the battle of San- tiago and is enUtled to the credit ot J-t the glorious victory, and quote many excerpts from tbe testimony to esUh- tjugngh ^ lish the correctness of thU conclusion. It is recited that Sampson 1 ^ to “disregard moUons commander-in-} hii chief.” when he started eastward that morning, thereby conferring command upon Schley. It U asserted that the New York did not reach the zone of from his wounds was intense. One session before us. We might as well discuss the question now as at any other time.” Mr. Tillman directed attention to an article in a Washington newspaper published today relative to the case of Judge Arthur H. Noyes, of the Dis trict Court of Alaska, who was fined $1,000 recently by the Circuit Court at San Francisco and that of the asso ciates of Judge Noyes, who were in volved with him. Mr. Tillman read the article which Indicated that Judge Noyes and his associates are drawing larpe salaries from the United States, while the’case against them Is pend ing in the courts. One of the men, ac- cording to the article, who is serving his sentence, continues to draw sal ary. Mr. Tillman made running com ments nsoa «*atejn«t* In the ar ticle directing all his sarcasm, rtdi- cule and invective against Judge Noyes, finaUy Inquiring: "By the to whose business is it to remove this man?" Mr. Fbraker, of Ohjp, hsUfved tt might require impeaclHSient Wfooeed- lags to renuKve Jndge N^es. Mr. W- ler. howevCT, contended that the PresidOTt had am^ power to xesBove a territorial judge. . At 2 o’clock the PhiUpplae tsrUT bill was laid before the Senate and Mr. Carmack, of Tennessee, a mem ber cf the Philippine committee, de- Uvered a speech in opposfOoB to tha dissented. The petition recites tne flntt- ings of the court to tho effe.*t that the flying squadron did not withdraw at night, and declares that, by this state ment, the court obviated the necessity of the press opinion as to whether or not a close, adequate blockade was es tablished. and the propriety of Commo dore Schley’s conduct in the premlsea It Is decided that If nnder this speci fication, the eighth, more than a ma jority ot an the witnesses were «am- Ined and about one-third of the whole period of tho inquiry was consumed in its consideration, yet, “notwithstand ing the facts herein set forth, all of which eppear upon the r-?cord of the said court, the conenrring members thereof have (ailed utterly and entirely to discliarge the most important duty Imposed npon them hy the terms of the wid speeiflcatloiis. which duty was to report their opinioa upon the questions of whether or not a close or sdeqnate bledcade of said hsrbor to prevent the eMsapsoCthe enemy’s vesMb thcr^ from were estahliSbed and the propri ety oC OittnBOddce SOblars oondnct in the premises. T%sKioi« Adaiiral Sdiley ‘^rtala tin fSffinre M msjwCty thereof to report their optaion upon that portion of the said eighth spocifi' cation.” And It Is alSo aSked that Kl^ Secre- last surrender of tiie last Spanhih dUps , “JiriSTS: Si until one hour and 13 minutes after the Kin battle ended, and that at 9:85 on Uie morning of July 8, the New York was : out of sight of every ship of the block- *^® ™ hreath. the opinion ading squadron but one. making it im possible for her to communicate with any of thraa. Counsel also cite Secre tary Long’s statement to the Senate that Sampson was proceeding toward Siboney, when the Spanish ships emerged, under orders from the De partment to confer with Shatter, and it is held that these orders detached him temporarily from his command so that Schley was actually in command at the battle, by virtue of his rank; by the absence of Sampson, and hy vir tue of the fact that he was in authority as second in commard of the American forces before Santiago aad as senior line officer on the spot during every movement of actual battle, could and did exercise authority and command over the American forces actually en gaged. Further argument on this ques tion of command is to the effect tlut Cook and Clark, the two ship captains present at the surrender of the Colon, recognized Schley's senority, and also that Sampson’s order of battie failed entir^y as soon as the Spanish squad ron succeeded in passing beyond the westernmost extremity of the American All of which. It is subnftted goes to prove condnslvely that the in- dlvidaal opinion of Dewey was emi nently proper and wholly justified hy the evidence and the naval regnlations^ Exhibit B elaborates and sustains the statements made in the petition re specting the passage of the fiying squadron from Key West to Cienfue gos. Exhibit C maintainii that the major ity of the court rej52“eJ all of Schley’s testimony and of his witnesses snd rays: “That if tWs tes».lmonr was all false, th^ should have so aanoanced and if all or any part of it was true, the said applicant was entitled to the benefit of it and by dSi^llning to con sider or psss npon it they hsve de prived him of his oommon law anl ccu- sfeltutional rights erf the doctors who held the autopsy, there is no donbt that he killed hlm- self. The pastors ia nearly all of the churches In Butler took occssimi Sna- day to nt«r to the sensational cwmrs Friday of Mrs. Kate Sofftf aad John and Ed. Biddle, who died in the cooaty lail Saturday night. Rev. Father Walsh, rector of St. Paul’s Roman Catholie church, who ministered to the Biddles in their dying hours, spoke touching ly of them to the memb«a of his par ish, in both masses. He tonehed brief ly on their ststements given oat and- said It was for every person to deride for themselves ss to the innoeenoe «r guilt of the men. When seen-at hla residence in the sftemoon, IMhsr Walsh said: “Bealdes the statemsnts given cut by the Biddle boys to the newspapers and officers of BnUw eooa- ty, both Ed and Jack Biddle made coa- ilons to me. Their confessions were full and complete in every particalar and they will never be revealed. Tho poor boys died like dogs, literally rid dled with bullets and some one shoald be held responsible for inhnmsC ae- ' tlons in shooting them when eaf^iy helpless, nnsrmed and nnahle to SBshs the slightest defense or reslstaaee*' Bev. Samuel Cronin Wett. of 01. Marx’s Evangelical Lathersa chureh. criticised severely the womaa whom ha held responsible for the whole aflSlr. He said: “The Biddles aad Mrs. BoM made a vain fiight from Justice am retribntions swiftly came npoa them. The blindness and infatuation of this woman la leaving her beloved huahaad and helpless little children for a gang of desperadoes is the worft criminal act thus far in the history erf the twea* tieth century.” l>eaoa tai Soath Africa. Londtm, By Cable.—The MUsh re ply to the note in r^ard to bringing about peace in South Africa, waa dis patched Friday to The Hague. The con tents of the note are kept stireUy se cret, as the first publication of the text la Intended to be made in Fariiament, Monday, February 3. Great Britaia’i reply is not In the nature of dfarect neg ative, though It Is aot ualikely thst it win hsve that efleet While Lord Lsas- downe probably win leave a loophole for farther suggestions, he donbts the ability ot the Boer del«ates to eontrol their teUbw eobatarssa. Military Approprfafone. WaAIngtoa. Special.—The miUUry apprn^lwMon hOl has heea pnetJaiilly eemplsM hr tha h mUttaiy-aMUrs sad ChairaoMi will Mvert tt as aassi as ha sal from a trip ts lava. wMch he la ^hqof to Uke. The bin earriee approalBatSiy It no.A9.09o. 101,000,000, which is shout flO them he snbstitated therefor A^rsl; hdim the estlais^ a^ rtiort’yjtgf. DMny'ahoidl«g'nhahleofeadaaaa»- WO tte a***lallee W Work ef Virginia Cowveatioa. Ridimoud, Gh>sch^-~~’nie tional eonventlen did a good lay’s .work Friday. The ehalrman aanoonced the appointment of Messrs. Watsoa and Meredith as additional msmhan of the committee of fiaal revision.The re port of the committee on agriealtaza was adopted wltii some addtiens. tha most significant being that making the Commissioner of Agrienlture elected hy the people, and fixing the term ot of- ficea at four yesi» Another wsi that striking ont the additional members of the board of agricnltnre and leaving It constituted as at preseat, excs^ th^ the president of the Vir^ia Polytech nic Shan be a member oC it. Prince Henry Leaves. Berlin. By Cable.—Admiral Prince Henry at Prnssia. left here Sunday inoming for KieL Andrew D. WUtc. the united Sta^ ambassador, eaaaa to tha raflroad statton to hldHnwdl to tha Prtaoe, who win proha^ ast rotnra to Mia hetore aaOlBg for tha traitad SCatsa. Mr. White told Priys Heary that the elty of Ohalpaieaff de^ed to preeent him aa alham.,af. flewk.Tl IsMi^ad Tha Prinea said be ts|ait ib