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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