Pittsburg dispatch. (Pittsburg [Pa.]) 1880-1923, July 27, 1889, SECOND PART, Page 9, Image 9

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Showing in "Which Direction Com
mercial Winds Are Blowingt
In Spite of the Big Eastern Failure, With
Fair Prospects' Ahead.
Xew York, July 26. Special telegrams
to Sradstreet's fully confirm its report of
only "an average demand and moderate
distribution" in general trade, made last
week, and show a continuance of those con
ditions. New York City, Boston, Philadel
phia, Baltimore, Cincinnati, Cleveland, St
Louis and San Francisco are included in
this characterization. The exception, if
any, is in the iron and steel industries at
leading points of production. Kansas City
reports a decline in the volume of trade,
and rains have damaged wheat and
corn in the shock in the region
tributary thereto, as in the region
near Omaha and St. Joe. There is only a
fair volume of trade at Detroit, Galveston
and Savannah. Crops at the South are
promising and for some days the like-has
been true in the Northwest, where a wheat
crop is now expected equal to that of 1888.
Excessive heat has decreased the volume of
general business at New Orleans. San
Francisco's flour and bullion exports to
China are growing rapidly. Aside from
the movement in iron and steel there js no
unusual or notable general distribution of
staple products. Crop prospects and indi
cations of heavy railroad traffic cause a de
cidedly better tone and recovering of prices
in stock speculation at New York, though
withont much increase of activity.
"Bonds are dull. Money at New York is
easier, and less aDprehension is felt about
the anticipated drain to the "West. Call,
loans are 3 per cent and time money 6 per
cent. ?Toreign exchange is weak and lower
on decreasing demand and a better supply
of commercial and stock bills. Demand
sterling is S4.874.S7.
Breadstuff's prices have been higher, and
the demand for speculation and export gen
erally more active. Russian and German
wheat crop reports are no more favorable,
but those from Dakota and Minnesota now
promise about as much wheat as last year.
The decrease of invisible wheat, both coasts,
July 1, asainst like date 1888, is calculated
at 5,000,000 bushels, about 25 per cent,
and of visible wheat 12,000,000 brfshels,
or 33 per cent. Stocks at about 20
points ot accumulation promise to touch the
minimum to-day, probably about 12,000,000
bushels. Gram room is being engaged
ireelv. larcelv for corn. Wheat closes H
lXc'and corn c higher on the week. Ex-
ports wheat (ana Hour as wneatj bow
coasts this week equal 1,385,330 bushels
against 1,400,202 bushels last week and
2,273,271 bushels in the fourth week of July,
1888. English and French crop reports
will, to a large eitent; determine the near
by exports. The United States probably
carries over into the new crop year the
smallest wheat stocks within the decade.
"With free arrivals of raw sugar and freer
offerings, partly to arrive, prices have given
way Jc when sellers withdrew from the
.market. The demand for refined continues
checked, and refiners are still storing their
product to await an expected more active
request. Sales of coffee in speculative
markets', based on weaker cables and more
promising crop reports, depressed prices
about 2-5c per pound.
Favorable conditions in the iron and
steel industries continue, and a very large
amount of crude and finished iron and steel
is being bought and used in all directions,
in some quarters a further upward tendency
is predicted.with as much confidence as it
was declared improbable two months ago.
But it should be kept in mind that all of
the producing capacity is not employed.
Considering the fact that the Lake Superior
copper companies are supposed to be operat
ing each one for itself withont regard to the
agreement of May 15, the market holds un
expectedly firm on the 12-cent basis. Sales
of casting brands at 11 cents are quoted.
Buyers are still operating cautiously.
Drygoods commission men at New York
report a steady bnt moderate demand for
cotton and woolen goods. Some disappoint
ment is expressed at the slowness ot fall
trade. Jobbers are preparing for fall open
ings and report a quiet but steady demand.
Prices are uniformly firm, with an advance
of l-16c in print cloths and more strength
in low grade worsteds. Foreign silks and
woolens are in better demand. Drygoods
exports are light. Raw wool is steady on
moderate inquiry from manufacturers.
Higher prices of finished goods check sales
and induce light re-orders by the mills.
Baw cotton is in good demand at New York
at 1-lCc advance. Speculation is more
Business failures reported to Sradstreet's
number 221 in the United States this week,
against 170 last week, and 217 this week
last year. Canada had 29 this week, against
1G last week. The total of failures in the
United States January 1 to date it 6.G46,
against 5,911 in 1888.
B. G. Dun & Co.'s weekly review of
trade says: The business outlook had on
the whole improved during the week, but
on Thursday the assignment of an im-
Sortant drygoods commission house, with
abilities of over $4,000,000, occasioned
some disquietude. But the general tenor of
advices is encouraging; crop prospects im
prove and the probability ot a large foreign
demand; the apprehended financial difficul
ties did not yet arrive; the great industries
seem to be getting s stronger position, and
the railway situation is, at the least, no
worse. All the cities except nine report
larger bank clearings than a year ago.
Latest accounts indicate decided improve
ment in the wheat prospect in Dakota and
Minnesota, the yield being estimated at 80 -000,000
bushels against CO.000,000 last year.
The foreign reports are eminently two-faced,
but appear on the whole to promise a larger
demand than last year's. New wheat is
moving freely and beginning to affect for
eign exchanges, and in confirmation of past
estimates old wheat in large qnantities con
tinues to come forward from Northwestern
firms, where speculators have, represented
the supply as exhausted. The price has ad
vanced only a quarter, corn and oats three
eighths each, and hog products have de
clined a fraction. Cotton reports are on the
whole favorable. Sugar has declined a
quarter. "Famine" is imminent; the con
sumption has been sharply reduced bv high
prices. Oil has risen 20 cents per barrel for
refined and 1 cents for crude. The gen
eral average ot prices is a shade higher than
a week ago. There seems to be real and
steady improvement in the condition of the
great branches of industry.
Ihe demand for iron has so far increased
as to cause a general stiffening of prices
during the past week. Bar iron is a tenth
of a cent higher, rails are firm at $28, and
nails stronger; the business in structural
end sheet iron is very satisfactory, but the
demand for prate is a shade less urgent.
The official report shows that the produc
tion of pig, 3.6C7.7C7 gross tons, was the
largest in any half yeann the country's his
tory, and while stocks increased about 200,
00 'ton, the consumption was but 70,000
- -
tons less than in the last half of 1888; 131,
000 less of Northern iron, apparently, and
61,000 tons more of Southern iron. But
production has been in excess of the de
The signs of improvement in the woolen
business are less clear, but manufacturers
have been buying more freely, and there has
been some increase in the orders for goods.
The confidence in a large fall trade is un
diminished. There is a feeling that the
force of foreign competition will be less felt
hereafter. The harvest season for boots and
shoes has commenced well. The coal busi
ness is dull ami weak. No change appears
in copper; tin is more steady at 19.00 cents
for spot, and lead at 3.80 cents.
The monetary supply is at all reporting
points ample, and 'the complains oi slow
collections are fewer than usual. The
Treasury has taken in J2.000.000 more than
it has paid out during the week, bnt the ex
ports of gold have been for the moment ar
rested, and commercial bills are more freety
made against grain and cotton to go abroad.
The exports from New York for three Weeks
of July have exceeded last year's by 15Jtf
percent, though the imports are also large.
In the stock market depression has been
followed -.by a stronger feeling, and the
average of prices is a fraction better .than a
week ago, with rather more hopeful pros
pects as to the settlement' of difficulties be
tween Chicago and the seaboard.
The business failures number 216, as
against a total ot 208 last week and 209 the
week previous. For the corresponding
week of last year the figures were 221.
Tmdo Active, With Price Showing" an Im
proTcmcnt In Many Cases.
London, July 25. Small shipments from the
Straits daring the first half of July have im
parted greater firmness to the block tin mar
ket and prices show a decided improvement;
belie not only higher hut well supported the
past few days. On Thursday last there was 15s
rise, but the higher prices caused realizations,
with some pressure to sell forward prompts
and free offerings of options, under which a
relapse of 20s took nlace. The option business
has been large during tho week, the "bnlli"
backing their opinions and paying 10615s per
ton for "calls" during August on largo quanti
ties at prices varying between tSS and 91. The
"bear" interest are rather aggressive, and by
their movements create a division of opinion
among operators as to future prices. The
statistical position is sound and the consump
tion is steady. A further advance was paid to
day, sales having been made at 90 5s, spot, and
The variations in prices of merchant bar
copper have been moderate. Cash lots con
tinue in fair demand and are not plentiful.
Daring the first half of. the week 41 was paid
quite freely, bat afterward thern were sellers
of prompts and futures touched 40 2s 6d. The
apparent undertone of weakness at that time
was attributed to suspicions that foreign
holders are quietly selling and the same cir
cumstance still has a bearing upon futures.
Tin plate has been in quite active demand,
and sales were larger than in the preceding
week. BeveraF good lines were booked, and
additional large orders are pending.
Scotch pigs have continued active, with the
American demand, as well as the inquiry from
many other sources, stronger than last week.
Prices now show a complete recovery from the
June decline. The demand from speculators
has been large, and the purchase of one block
of 1,000 tons Coltness is reported. Cleveland
pig and hematites are also active at a further
advance. Additional furnaces are lighting.
There is an immense trade doing in the steel
department, and some firms have withdrawn
quotations, being sold far ahead. Basic steel
has been advanced 10s all around.
About the only exception to the quite general
activity is found m wire rods and billets.
Holders of old iron rails have advanced their
prices about 2 Gd, but there are very few
buyers at the higher figures.
In General Office at Topeka Damuced 620,
000 Worth Through Lack of Water.
TOPEKA, Kan., July 26. At about 5
o'clock this morning a fire started in the
attic of the Atchison, Topeka and Santa Fe
general office .building in this city." The
flames originated in a heap of papers, and
smouldered for an hour before being seen.
When the fire department arrived the doors
were closed, and the janitors and others who
stop in the building had to be awakened.
In the kr minutes required for the depart
ment to go to work the fire had gained
great headway, and the entire north end of
the roof was burning, throwing out huge
volumes of smoke. It was difficult to get
at the fire, as it bad not yet burned the roof
and was not approachable by the firemen
from within. In spite of their efforts the
fire gained on them, and at 6 o'clock tbe
water main burst, shortly after the flames
burst through the roof. Meantime several
hundred men were at work in the various
departments of the building, in the effort to
save the furniture and books and papers.
This was proceeded with in remarkable
order, and nearly everything movable of
value below the fifth floor was taken out.
It was feared owing to the lack of water
that the magnificent building must be de
stroyed, but in halt an hour the breach in
the pipe was repaired and renewed efforts to
stay the fire were successfuL The total loss
will not exceed 220,000, though what em
barrassment and loss to accrue from the de
struction of papers cannot now be estimated.
And a. Few of tbe Litigant at Wham She
Alms Dart of Jmtlce.
Br order of court yesterday, Daniei O'Keefe,
of Post 157, Q. A. B., was sent to Dlxmont
John Donald, insane from a blow on the head,
was also sent.
Paul Sandoittju: sues the Pittsburg Trac
tion Company for $5,000 for being thrown off
by the car starting with a Jerk on May 7. The
wheels crushed his foot.
-This appraisers of tbe estate of James Cal
ler? yesterday filed their report of the ap
praisement of his personal effects. Their total
value is $930,000. The value of his real estate
has not yet been ascertained.
James a Tottno. President of the Alle
gheny school district, sues William Schu
macher, Frank Bopf and George Geltz. Thb
first named is collector of delinquent school
tax in tbe Seventh ward. Allegheny, and is
alleged to be J950 shore The last two are his
Attoenet DUFF yesterday filed the testi
mony taken in the divorce case of Thomas
Heathecote against Jane Heathecote. Plaint
iff claimed that his wife refused to go back
with him to O'Hara township and told him to
clear out. Mrs. Heathecote denies it, and as
serts he ill treated her and she had to sue him
lor support.
When the petition of Maggie Mitchell, who
was held in default of M.000 bail on the charges
lodged against her by Inspector McAleese, to
have her bail reduced was brought up in court
yesterday, it was stated that Magistrate Me
Kenna had already reduced: the bail to $2,000.
This left nothing for tbe Court to act upon,
and the papers were filed. Miss Mitchell was
released yesterday, Charles Breiling going on
her bond for t2,00a
The County Treasurer yesterday returned to
tbe State Treasurer 581,743 25, the State's share
of the liquor license for the year 18SSL The
State received from retail licenses, $14 613 75;
wholesale, $18,200: distillers, $1,800; brewers,S10L
100; bottlers. 7,000. From the last four named
classes of licenses the entire amount goes to
the State. The last lot of licenses grantefl nn
der the decision of the Supreme Court are in
cluded, and netted tbe State S39.0UO,
Thibtt-six creditors of the Cbartlers
Creamery Company petitioned for leave to
Join as plaintiffs In the suit of Sarah A. Reed
against that company. Their claims range
from $10 to $4001 -They also Join In the petition
of William M-Scaife. who asked th Court to
strike off tbe Judgment obtained by Mrs.
Beed, who was the first to obtain lodgment
against tbe company when It became insolvent;
her claim amounting to about $20,1100.
To build up the system when run dawn
from general debility, young or old should
use Dr. Jayne'a. Tonic Vermifuge, a
pleasant and elective tonic a nromnt cor
rective for a disordered stomach and a sore
destroveWof worms. Thelarire-!!? Wtl.
2twbfu tattta
an cheapest when a tonic is wonted.
Plenty of English Capital Floating
Around in America Jnst flow,
Tho Proprietors of Large Drjjroods Houses
the Latest Approached.
New York, July 26. There seems to be
a plethora of uninvested English capital
goings-begging in this city just at present.
Having obtained, control of some, of the
largest breweries ' in America; having
"scooped" the salt industries, so to speak;
invested heavily In nearly all the railroads;
secured control of certain iron and steel
mills in Cleveland ; made overtures for the
purchase of the largest tobacco factories and
Delmonico's restaurant; obtained an inter
est in the sugar refineries, and purchased
nearly enough flour mills and ranches to in
fluence the price of bread and meat,
these English investors, or their
agents, are now- trying to buy up
some of the largest retail drygoods
stores In this city. So far as could be
learned by a reporter of The Dispatch to
day, their efforts have not yet been success
ful, but some of the negotiations are not yet
Three large firms admitted this morning, in
reply to the question of the reporter of Thb
Dispatch, that they had been approached
by the representative of some English capi
talists with an offer for their business. In
all cases, however, the offer was declined.
A memner oi tne nrm oi aimpson, Craw
ford & Simpson said: "Yes, we hare been
approached for such a purpose. A gentle
man whose name I forget now (if, indeed, I
ever knew it), who was stopping-at the
Fifth "Avenue Hotel, asked "us if we would
sell our .business. I did not waste a mo
ment's Urn over the matter. The proposi
tion was too absurd for us to consider for
one moment. Life is too short. We are
not selling our business."
A member of the firm of B. Altaian Ss
Co., No. 301 Sixth avenue, said: "Yes, we
were approached with an offer of that kind
lrom English capitalists. We were asked
if we would entertain a proposition for the
sale of our business. No details were gone
into. I do not care to say any more. A
party asked us it we would accept a proposi
tion of that kind. I guess he got his answer.
I don't care to say any more than that we
for our business. Yes, you can say if you
like that it is understood the offer was de
clined." Mr. Stern, of Stern Brothers, No. 32 West
Twenty-third street, promptly admitted
that an attempt bad been made by someone
on behalf of English capitalists to buy the
business of his firm- He said: 'TfeSj we
were approached for such a purpose, sir or
seven weeks ago, bul no- definite offer was
made or price suggested, because I did not
go into the question to any extent, and for
the reason that we wouldn't sell our
business, anyway. I do not remem
ber the name of the gentleman or
do I know whether he wasanEuglishman or
not, but I know he represented English
capitalists. There was no nonsense about
him: he talked millions. He asked if I
would be inclined to dispose of our business
to an English syndicates- I told him that
our business was not on the market. The
offer was undoubtedly genuine. There
seems to be a good deal of capital available
in England for investment which they do
not seem to know what to do with. They
seem to bo
heed or katleoads
and anxious to put their money into some
business which they can control themselves,
and be reasonably sure of some return."
Mr. Strauss, of. H. H. Macy & Co., said
he had been approached by a mysterious
strange, who represented himself as the
agent oi some English capitalists who de
sired to purchase the business of the firm.
"I did not pay much attention to the ques
tion," added Mr. Strauss, "because I con
sidered it too ridiculous. The gentleman
said he was prepared to make me a
tempting offer, but I declined to enter into
any negotiations with Jiim at all. I placed
no reliance in his talk, as neither his man
ner nor his appearance" bore out his asser
tion that he represented, some capitalists.
Moreover, our business is not for sale. This
English syndicate business seems to be a'
sort of craze here jnst now. Much of it, I
think, is talk. It enables some men to go
round, however, and try to get offers to-buy
or sell certain properties, as the case may
be, and on those terms perhaps effect a deal,"
Stockholder Meet nnd Tote ft to be a Very
Gd Thins; to Do.
Indiaitapolis, July 20. A meeting of
the stockholders of the Wabash Eastern
Railway Company, of Indiana, was held
here to-day for the purpose of voting upon
articles of consolidation between the Toledo
Western Bailroad Company, the Detroit
and State Line Wabash Bailway Company,
the Wabash Eastern Bailway Company, of
Indianapolis; the Wabash Eastern Bailway
Company, of Illinois, and the Wabash
Western Bailway Company, under the
name of Wabash Bailway Company. All
the stock of the Indiana corporation,$9,000,
000, was represented and the articles of con
solidation previously adopted and recom
mended by the directors were unanimously
approved by the stockholders. It was fur
ther voted that a meeting be held at Toledo
August 11 to elect directors of the consoli
dated corporation.
General Geo. W. Smith, of Chicago.Pres
ident of the Indiana corporation, and John
M. Harlan, of Chicago, Secretary, were
present, and they held the proxies of all
stockholders not present. A meeting of
stockholders of the Eastern Bailway Com
pany, ot Illinois, win tie new to-morrow at
Received With Demenitratlons of Joy by a
StarrlMt Population.
Chicago, July 26. Mayor Cregier, Con
gressman Frank Lawler and other members
of the Belief Committee left here this morn
ing with 80 tons of provisions and supplies
for the starving locked-out-coal miners of
Spring Valley, HI. There are about 2,000
idle miners in the district, making, with
their families, about 6,000 souls. The ar
rival of the train there this afternoon was
greeted with great demonstrations of joy,
and the committee was greeted by the
strains of an improvised band, which was
none the less hearty in its welcome notwith
standing the somewhat unmelodious charac
ter of the music which it discoursed. Every
where there were evidences of the most
.pinching, poverty and destitution. Men.
women and children were most scantily clad
in the cheapest of materials, and there was
a great dearth of footgear among them.
Their faces bore unmistakable evidences of
pinching hunger. These people haye been
locked out nearly three months, and are
absolutely on tbe verge of starvation.
and Oiedrinkmg habit of American twelU,
T!SSSF tmanMta,icoKla,j
Seny WalU
The Cherokee- Commission Expects to be
Delayed for Months Ity Dim.
Ft. Gibsox, Ixr. T., July 26. The
Cherokee Commission was met here yester
day by a delegation of Creek Indians headed
by Indian Agent Bennett, who asked that
tbe Creeks be heard at onee in reference to
certain technical matters concerning the
sale of their remaining lands. The request
was granted, and General Fairchild has ar
ranged to meet the Creeks at Muscogee to
day. The hard feeling between the Creeks
and Cherokees grows more bitter aa pending
negotiations come to a focus. The Chero
kees upbraid the Creeks for tbe Oklahoma
deal, and their indignation increases as the
Creeks make, further preparation to sell.
The Cherokees are almost a unit in their on
position to any and all transactions by which
Jheir lands are to be marketed.
Chief Mayes demonstrated a firmness in
refusing to call tbe council that bids fair to
handicap the labors of the commission at
their outset He is reported to have pub
licly stated to the commanding officers at
Fort Gibson that he would not caU an extra
session under any circumstances. General
Fairchild expressed a desire to confer with
the chief at Tahleanah as soon as possible.
ostensibly with the object of inducing him
to call an extra session at once. D nring the
delay that must ensue before the delegates
assemble the General says tbe commission
will go to Cheyenne and Arrapahoe agency
to consider their claims in the Cherokee
The most important fact that has occurred
to the commission thus far is the length to
which the negotiations mnst be protracted,
and, with the present hostility demonstrated
by the Cherokee authorities, it may be sev
eral months before preliminary negotiations
can be opened. The commission goes to
Muscogee to-day.
CLAIMAKTS TO $40,000,000.
Heirs In IXnncnrr- nnd In Ohio After
Estate of Win. TetdesdarK
Sait Francisco, July 26. Suit will
soon be brought here by counsel represent
ing heirs in Hungary and in Cleveland, O.,
against the present holders of tbe estate of
William Ieidesdorff, - one of California's
pioneer merchants, who died in 1818. The
estate is now valued at 540,000,000, and com
prises some of the most valuable business
property in San Francisco. This property
is held under deeds from ex-United States
Quartermaster Folssm, who was an in
timate friend of Leidesdorff and bought
property from the administrator after Leid
esdorff died intestate. The story goes that
Folsom found that Leidesdorff had a negro
mother living at St. Croix. West Indies,
and got from her quit-claim deeds
of all the estate. Now these
Hungarian heir? are ready to prove that
I Folsom originated the story of a negress
mother, and that Leidesdorff was really
born at Azsood, Hungary, where he has
many direct tin. About 100 heirs met in
Buda-Pesth in June, and furnished Solomon
triimer, of Cleveland, "with money to prose
cute their claims. TJllmer has also made a
syndicate of heirs in Cleveland and tho bat
tle will soon begin.
It is also reported that a San Francisco
capitalist has pooled the issues of all the
Blythe claimants except Florence, the
daughter, who claims the entire estate and is
bearing the expenses of tbe contest under an
agreement by which she is to secure, in case
oi victory, the entire estate worth $4,000,000,
after paying them $1,000,000, to be divided
among about 80 claimants.
Decision In the. Case of a Pension Dropped
. for Disloyalty and Restored.
Washikotox, July 26. Assistant Sec
retary Bussey has modified a former deci
sion made by the then Commissioner of
Pensions in the caseot James "A. Furley,
wtio received a disabling injury while
serving in the Mexican War in company G,
Second Pennsylvania volunteers. For this
reason Furley was granted a pension of ?8
per month, which he continued to draw
until April 10, 1863, when heras arrested
at Hagerstown, Md., for hurrahing in the
streets for Jeff Davis and the Southern
Confederacy and making nse of other dis
loyal and treasonable sentiments. At that
time his name was dropped from the pension
rolls under the authority conferred by the
act of February 4, 1862. In 1871 an appli
cation for restoration was filed and rejected.
In 1887, however, the. case was taken up by
tbe then Commissioner of Pensions, and
Furley's loyalty having- been established,
tne pension was allowed from 1871, the date
ot filing his application.
Assistant Secretary Bussey, while agree
ing with the former Commissioner as to
Furley's right to a pension, finds no au
thority for dating it from the time tb ap
plication was filed, and directs that it be
dated from April 10, 1863,. when it ceased.
He says in substance that if the action ot
dropping Furley's name from the rolls was
erroneous; then he is entitled to reparation,
and the reparation must be as ample as the
injury. If it was not erroneous, there can
be no restoration for any period.
That is AH That Takes Attorney General
Miller to" Deer Fork.
Deee Paeh, Md., July 26. The Presi
dent is occupied this rainy day in consider
ing knotty pardon coses presented by tbe
Department of Justice. Attorney General
MHler brought over a large bundle of papers
this morning, some, of which require early
decision, and the President took them up to
the exclusion of other business. Beports
about Attorney General Miller having a
certainty of the Supreme Bench appoint
ment, are not credited here. It is said that
the President has reached no conclusion re
garding Justice Matthews' successor. The
Attorney General insists that his visit re
lates solely to the current business of tbe
department He is the guert of ex-Senator
Davis and may return to Washington Sat
urday. W. H. Trammel, of Huntingdon, Ind.,
was among to-day's visitors. He contented
himself with seeing Secretary Halford
aDout tne xiuntingaon postomce.
Jadee Ingrahnra Refuses to Order
Tonne Knpoleon'a Release.
New Yoke, Jnly 26. Henry S. Ives,
who was brought down from Ludlow Street
Jail on a writ of habeas corpus, was in the
Supreme Court chambers to-day. His
counsel tried to get Jndge Ingraham to sus
pend the regular order of business, so as to
hear arguments' on the writ This His
Honor refused to do and proceeded to dis
pose of the calendar.
Judge Ingraham, after listening to the
arguments in tbe Ives' case this afternoon,
dismissed the writ of habeas corpus and re
manded the prisoner to Ludlow Street Jail.
Themotiqnwas for the dismissal of tho crim
inal indictments against Ives nine in num
ber. The Court said in dismissing the writ
that it could not consider such s motion
while the prisoner was locked up under an
order of arrest on civil proceedings.
Physician Aeknowledsio There la lies
New Yobk, July 26. Physicians have
watched with a jealous eye, the increasing
popularity of the sound disk invented by
H. A. Wales, of Bridgeport, Conn.r as pa
tients who have been under their care for
years have in a week's time had their hear
ing restored by its use-, and" they acknowl
edge that there may be a decrease' in the
percentage of deaf people In the eaue . of
1820. t
27, 1889.
A Tale of.
By G- .A..
Author of "Under Drake's Flas,"
CHAPTER VII. The Veedict.
The trial of Bonald Mervyn for the mur
der cf Margaret Came was marked by
none of the unexpected turns or sudden
surprises that not frequently give such a
dramatic interest to the proceedings. All
the efforts of the police had failed in un
earthing any facts: that could throw a new
light upon the subject, and the evidence
brought forward was almost identical with
that given at the Coroner's inquest; the
counsel asked a great many questions, but
elicited no new facts of importance'the only
witnesses called for the defense? were those
as to character, and one after another the
officers of Mervyn 's regiment came forward
to testify that he was eminently popular,
and that they had never observed in him J
any signs of madness".
They said that at times he got out oi
spirits, and was in the habit of withdraw
ing himself from their society, and that on
these occasions he not infrequently went for
long rides, and was absent many hours; he
was, pcrhapc, what might bo called a little
queer, but certainly not in the slightest
degree mad. One servant of the family,
and many neighbors gave testimony to the
same effect, and Dr, Arrowsmith testified
that he had attended him from childhood,
and that he had never seen any signs of in
sanity in his words or actions.
Buth had escaped the one question which
she dreaded, whether she had seen anything
in the room that would afford a clue to the
discovery of the perpetrator of the crime.
She had thought this question over a hun
dred times, and she had pondered over the
answer she should give. She was firmly re
solved not to tell an actual lie, but either to
evade the question by replying that when
she recovered her senses she made straight
to the door withont looking round; or, if
forced to reply directly, to refuse to answer,
whatever tbe consequences might be. It was
then with a sigh of deep relief that she left
the witness box, and took up her station at
the point to which the policeman made way
for her. Aa she did so, however he whis
pered: .
"I think you had better go out, my girl.
I don t think this is a fit place for you. You
look like to drop now," but she shook her
head silently, and took up her station in the
corner, grasping in one hand something
dene up in many folds ot paper in her
pocket. '
The same question had -been asked other
witnesses by the counsel for the defense, and
he had made a considerable point of the fact
that the constable and Dr. Arrowsmith both
testified that they were standing one on each
side bf the looking glass, and although the
room had been carefully searched, no half,
burnt match had been'discovered. In his
address for the defense he had animadverted
strongly upon this point.
"It was a dark night, gentlemen. A dark
night In November. Yo tt will remember we
had the evidence that whoever committed
thUmurdermust have moved about the room
noiselessly; the evidence shows that the
murderer drew down the clothes so gently
and softly that he did not awaken the
sleeper. Now, as intelligent men, you can
not but agree with me that no man could
have made his way about this absolutely
dark room with its tables and its furniture,
and carried out this murder in the way
stated, wiinoui mazing some noise; it would
be an utter impossibility. What is the con
clusion? He was either provided with a
light or he was forced to strike) a match and
light a candle.
In the latter case he must have been pro
vided with silent matches or the noise
would have awakened 'the sleeper. Of one
thing you may be sure, Captain Mervyn
had not provided himself with silent
matches: but even had not the sound of an
Ordinary match being struck awakened the
sleeper, surely the sudden light would have
done so. x ass: you irom your own experi
ence whether, however soundly you mizht
be sleeping, the effect of a candle being lit
in your room would not awaken you; there
fore I think it safe to assume that in tbe
first place, becanse.no match was found,and
in the second place, because had a candle
been lit it wonld assuredly have awakened
the-sleeper, and we know that she was not
awakened,that no candle was lighted in the
"How then did the assassin manage after
entering the room to avoid the dressing
table, the chairs, and other furniture, and
to see to manipulate the bedclothes so gen
tly that tbe sleeper was not awakened?
Why, gentlemen, by means of the imple
ment carried by every professional burglar,
I mean, of course,a dark lantern. Opening
the slit slightly, and carefully abstaining
from throwing the light toward the bed, the
burclar would make his way toward it,
show sufficient light to carry out his diabol
ical purpose, and then opening it freely to
examine the room, open the trinket box,and
carry away the valuables.
"The counsel for the prosecution, gentle
men, has not even ventured to suggest that
the prisoner, Captain Mervyn, was pos
sessed of such an article. His course ha3
been traced through every village that he
rode, up to 10 o'clock at night by which
time every shop had long been closed, and
had he stopped anywhere to buy such an
article we should surely have heard of it
Therefore, gentlemen, I maintain that even
if this fact stood alone, it ought to convince
yea of the innocence of the. prisoner. In his
renlr. the counsel for the prosecution had
admitted that some weight must be attached
to this point, but that it was quite possible
that whoever entered the window might
have lelt on tne taoie until he lound a can
dlestick, and lit it, stooping down behind
the table, or at the bottom of the bed, and
so shading it with his coat that its light
would not fall on the face of thesleener.
As for the point made that no match had.
been found, no great weight could be at
tached to it the prisoner might have put it
in his pocket or thrown it out of the win
dow." When the defense was concluded, and the 1
counsel for the prosecution rose to speak,
the feeling in the court was still-against the
In all that had been said the evidence
pointed against him, and him only, as the
author of the crime; no hint of 'suspicion
had been dropped against any other person;
and the manner in which the crime had
been committed indicated strongly that it
was the act of a person actuated by jealousy,
or animosity, rather than that of a mere
bf rglar. This view of the case was strongly
brought out by the counsel for the prosecu'
The theory of the prosecution is," he
said, "not that this Unfortunate gentleman
while in the full possession of his senses,
slew this lady, to whom he was nearly re
lated, and for whom he had long- cherished
a sincere affection the character you have
heard given him by so many witnesses
would certainly seem to show him to be a
man incapable of such a crime. Our theory
is that the latent taint of insanity in1 hi
blood that insanity which, as your have
neara irom vt. Arrowsmith ana other wit-
nesses, is hereditary in his ancestors on his I
MtVtUfc BAWVf Mw MR lirV4V UV IT WtUVVt 1
liLci uUioJi u Aulii o nULll.
ZHIe:o.-t3r3 '
"With Ch'ver in Indijr," etc.. ate
calamities,- almost if not quits as
serious aa this suddenly; flamed out. We
believe that., as has been shown by wit-
r nesses, he galloped away many miles over
tne country, but we believe that at last
wrought up to the highest pitch of frenzy be
returned, scaled the wall, opened the win
dow, and murdered Miss Came. You have
heard that he was subject to moody fits,
when he shunned all society, these fits, these
wild rides you have heard of, are symptoms
of a disordered mind. Perhaps had all gone
happily'with him the malady would; not
have shown itself in a more serious form.
"Unfortunately, as we know, there was
sharp and sudden unhappiuess; such un
happiness as tries the fiber eyen of the
sanest men, and might well have struck a
fatal blow to his mind. It is not because
yon see him now, calm and self-possessed,
that you are to conclude that this theory is
a mistaken one. Many, even the most dan
gerous madmen 'have long intervals when,
apparently, their sanity is as perfect as that
ot other people. Then suddenly, sometimes
altogether withont warning, a change takes
place, and the quiet and self-possessed man
becomes a dangerous lunatic, perhaps a
"Suchj gentlemen, is tbe theory of the
prosecution. You will, "of course, weigh it
carefully in your minds, and it will be
your duty, if you agree with it, to give ex
pression to your opinion in your verdict."
The Judge summed up the case with great
care. After going through the evidence
piecemeal, he told them that while the
counsel for the defense had insisted upon
the uncertainty of circumstantial evidence,
and theT"numerous instances of error that
had resulted from it, it was his duty to tell
them that in the majority of cases of murder
there could be from tb nature of things
only circumstantial evidence to go upon,
for that men did not commit murder in the
open streets in sight of other people. At
the same time, when circumstantial evi
dence alone was forthcoming, it was neces
sary that it should be of a most conclusive
character, and that juries should before
finding a verdict of guilty be convinced
that the facts showed that it was the pris
oner and he only who could have done the
"It is for ymt, gentlemen, to- decide
whetherthe evidence that has been submit
ted to you does prove absolutely and con
clusively to your minds that tbe prisoner
must have been the man who murdered Miss
Carne. Counsel on both sides have alluded
to the unquestioned fact that madness is
hereditary in the family of the prisoner;
whether or not it is inherited by him.is also
for you to decide in considering your ver
dict You will haveto conclude first
whether the prisoner'did or did not commit
this murder. If you believe that he did so
and that while he did so he was insane and
incapable of governing his actions, your
duty will be to find him not guilty upon the
ground of insanity."
The general tenor of the summing up cer
tainly showed that in the opinion of the
Judge the evidence, although strong, could
not be considered as absolutely conclusive.
Still, the bias was not strongly expressed,
and when thejury retired opinions in court
were nearly equally divided as to what tbe
Terdict would be.
When he left the witness box. Dr. Arrow
smith made his way to the corner in which
one of the policemen had placed Buth after
giving her evidence.' She had done this
with a steadiness and composure that had
surprised the doctor; she had fortunately
escaped much questioning, for the counsel
saw how frail and weak she looked, and as she
had but entered the room, seen her mis
tress dead, fainted and left again, there was
but little to ask her. The questions put
were: Was the jewelry safe in the box when
she left the room the night before? Did she
remember whether the window was fastened
or not? To this herreply was negative. Miss
Carne had shut it herself went when she up
in the afternoon, and she had not noticed
whether it was fastened. "Was the blind a
Venetian or an ordinary roller blind?"
"A roller blind."
"Then it the window opened, it could be
pushed aside without noise. Had she
noticed whether the candlesticks were stand
ing where she had left them?"
"She noticed that they were on the table
and in about the same place where they
were standing the night before, but she
could not say exactly."
"I want you to go out, Eufh," Dr. Ar
rowsmith said, when he reached her after
thejury had retired. "They may be an
hour or more before they make up thebr
minds. You are as white as death, child.
Let me lead you out"
Bath shoot her head, and murmured "I
must stay." The doctor shrusrzed his
shoulders and returned to his seat It was
an hour and a half before the door opened"
and the foreman of thejury entered. As be
was unaccompanied, it was evident he
wanted to ask a question.
"My lord' he said, "we are unanimous
as to one part of the verdict, but we can't
agree about tbe other."
"How; do you mean, sir 7" the Judge
asked. I don't want to know what yon are
unanimous about, but I don't understand
what yon mean about being unanimous
about one part of the verdict and not unani
mous on the other."
The foreman hesitated. Then, to the as
tonishment of the court, the prisoner spoke
in a clear, steady voice:
"I will not accept acquittal, sir, on the
ground of insanity. I am not, mad; ifl
had been the events of the last two months
.would have driven me so. X demand that
jour-verdict be' guilty or not guilty.""
-j.net nage was loo surprised to attempt to
check the prisoner when he first began to
m. ffl up; , ;
before he had finished, the interruption was
"Go back, sir," the judge then said to the
foreman. "You must be unanimous as to
the whole of your verdict"
The interruption of the prisoner had eri
lightened those in. court as to the nature of
the foreman's question. Undoubtedly ho
had divined rightly. The jury were in
favor of the verdict not guilty, but some of
them would have added on the ground of
insanity. The interruption, although
irregular, if not unprecedented, had
favorable effect upon his hearers. The
quickness with which the accused had
seized the point. and the steady, resolute
voice in which he had spoken told in his
favor, and many who before, had they been
in the jury box, would have returned ths
verdict or not guilty on the ground of in
sanity, now doubted whether they would
add the concluding words.
A quarter of an hour later the jury re
turned, "We are now unanimous, my lord. Wo
say that the prisoner at the bar is not
A sound like a sigh of relief went
through the court. Then everyone got up,
and there was a movement to the doors.
The policeman lifted the bar, and Bonald
Mervyn stepped out a free man, and in s
moment was surrounded by a number of
his fellow officers, while some of his neigh
bors also pressed forward to shake him by
the hand.
"I will shake hands with no man," he
said, drawing back; "I will greet no man so
long as this cloud bangs over me so long as
it is unproved who murdered Margaret
"You don't mean itt Mervyn. Yon will
think better of it in a lew days," one of his
fellow officers said, as he emerged into the
open air. "What you have gone through
has been an awful trial, but now that you
are proved to be innocent yon will get over
"I am not proved to be innocent, though
I am not proved to be gnilty. They have
given nie-the benefit of the doubt, but to the
end ot my life half the world will believe
I did it. Do you think I wonld go through
life to be pointed at as the man who mur
dered his cousin? I would rather blow out
my brains to-night No, you will never
see me again till the verdict of guilty has
been passed on the wretch who murdered my
cousin. Goodby. I know that you believe
me innocent, bnt I will not take your hands
now. When you think it over, and will
see as well as 1 do that yon couldn't have a
man in the regiment against whom men as
ho passed would whisper, 'Murderer!' God
bless you all;" and Bonald Mervyn turned
and walked rapidly away. One or two of
the officers would have followed him, but
the Colonel stopped them.
"Leave him alone, lads, leave him alone.
We should feel as he does were we in his
place. Good heavens! how he must have
suffered. Still, he's right, and however
much we pity him we cannot think other
wise. At the present moment it is clear
that he could not remain in the regiment."
As soon as the crowd had turned awayt
Dr. Arrowsmith" made his way to the poin,
where Buth had been standing. Somewhat
to his surprise he found her still on her feet.
She was leaning back in the corner with her
eyes closed, and .the tears streaming down
her checks.
"Come, my dear," he said, putting his
arm under hers, "let us be moving. Thank
God it has all ended right"
"Thank God indeed, Doctor," she mur
mured. "I had hardly hoped it, and yet I
have prayed so much that it might be so."
The Doctor found that though able to
stand while supported by the wall, Buth
was unable to walk. With the aid of a po
liceman he supported her from the court,
placed her in a vehicle and took her to a
"There, my deajr," he said, when Buth
had been assisted up to a bedroom by two
of the maids, "now you go to bed and lie
there till to-morrow morning. I will have
a basin of strong broth sent you up present
ly. It's quite out of the question your
thinkintrof coin? home to-m?ht I nave
several friends in the town, and am glad of
the excuse to stay over the night I will
call for you at 10 o'clock in the morning;
the train goes at 10:30; I will have your
breakfast sent np here. I will go down to
the station now. There are' lots of people
over here from Carnesford, and I will send
a message back to your mother, saying that
yon have got through it better than I ex
pected, but I wanted you to have a night's
rest, and you will be home in the morning."
"Thank you, doctor; that is kind of you,'
Buth murmured."
"Help her into bed, girls. She has been
ill, and has had a very trying day. Don't
ask her any questions, but just get her into
dcu as soon as you can.
Then the doctor went downstairs, ordered
the broth and a glass of sherry for Buth and
a bedroom for himself, and then went off to
see his friends. In the morning he was1 sur-
Srised, when Bnth came downstairs, to see
ow much better she looked.
"My prescription has done you good,
Buth, I am glad to see you look wonder
fully better and briehter."
"I feel so, sir I went to sleep directly
Thad taken tbe broth and wine yon sent me
up, and I did not (rake until they called me
at 830. I have not slept for an hour to
gether for weeks. I feel as if there were such
a load taken off my mind."
"Why, Buth. you didn't know Captain
Mervyn to speak to, did you, that you should
feel such an interest in him?" the doctor
said," looking at her sharply.
"No, sir; I have never once spoken to '
him that I know of."
"Then why did yon care so much about
his being acquitted?"
"It would have been dreadful if he had
been found guilty when he was innocent all
the time."
"But then no one knew he was Innocent
for certain," the doctor said.
"I felt sure he was innocent," Buth re
plied. "Butwhy did you feel sure, Buth?"
"I can't exactly say, air, but Idler feel
that he was innocent"
JTh"e doctor looked puzzled, but at this
moment the cab arrived at the station, and
the subject was not renewed, but the doctor
aiterward wondered to himself more than
once whether Buth could have had any par
ticular reason for her assurance of Bonald
Mervyn's innocence.
For another ten days the Mervyn trial
was the: great topic of conversation tnrongh
out the county, and the verdict was can
vassed with almost as much keenness and
heat as the crime had been before the trial.
Now that Bonald Mervyn was no lohgefist