- . r fc S-FOR BUSINESS AND FINANCIAL IEV., LIVE STOCK AND FUODUCB MARKETS, bEE ELEVENTH PAGE, SEC OND PART. THAT SHOCKING CASE 'Xhe Keminler Argument Before the U. S. Supreme Court. THE EIGHTH AMENDMENT QUOTED, Which, Conpled With the Fourteenth. May SaTe Kemmler's Life. CRUEL AND TJKDSUAL PUNISHMENT Totally FwWaden by the ConsUtutioi of the United Elites. BogerH. Sherman, counsel for Kemmler, who was to hare been electrocuted last "Wednesday, appeared before the United States Supreme Court yesterday. In behalf of his client be quoted the Eighth and Four teenth Amendments to the Constitution. A decision will probably be handed down on the 29th instant rSFECIAt TELEGRAM TO THE DISPATCH.! "Washington; May 5. The case ol the condemned murderer "William Kemmler, sentenced to death by means of electricity, has now reached the Supreme Court of the United States, and bids fair to become a noted one in legal history. Boger M. Sher man, Kemmler's lawyer, arrived here from New York early this morning. He was not at all sanguine that a writ would be granted, feeling confident that the court would promptly meet the motion with the prece dent of their decision in the Merzin case, in which It was decided the court wonld not grant a writ of habeas corpus except in cases of peculiar and pressing necessity. Mr. Sherman was satisfied, however, that his case is now in such a condition that no further steps in the direction of Kemmler's execution can be had, at least until the Oc tober term ot court As to the exact status of the case, now that the writ has been re fused, Mr. Sherman says: "If the Supreme Court have deemed the question a trivial one they would have summarily denied the ap plication on its merits. They have, however, simply decided that as a writ is properly pending in the United States Circuit Court, which stays the execution and which they have appellate power to review, they will sot interfere. The writ must now be heard by Judge "Wallace The writ of error does not dispose of the proceedings. There is much evidence to be taken of matters oc curring since the evidence in tbe State's courts was closed, and Judge "Wallace will have newer and more recent light on tbe subject SAFE UNTIL OCTOBER. "It appears impossible that a final de cision can be reached before the next Octo ber term of the Supreme Court." It way not generally known that the motion was to be made to-day in the Kemmler case, and consequently there were very few lawyers or spectators in the Supreme Court chamber when it was presented. Assistant Attorney General Maurav was there, and also Enoch Totten, George Appleby and one or two more prominent members of the "Washing ton bar. There was a lull bench, every member of the court being present A batch of decisions were handed down imme diately after the court met, and then Mr. Sherman arose. He proceeded to argue that a prima facie ase was presented of a violation of the Fourteentn Amendment He said: "It is unnecessary to argue that th" eighth amendment was originally a lestriction-upon the powers of the States. The fourteenth amendment requires that the States shall proceed by dne process of law, and a cruel and unreasonable punish ment cannot be the process of law, even if there had been no eighth amendment The mode of killing by electricitv is, beyond all question, unusual. Any infliction of death is cruel. "Who knows or can know that the Terrible stroke which expels the soul from the body is not cruel and intense in its an guish in a greater measure as its result is swift? Theories as to the relative speed of the nervous fluid and the lightning are mere theories. The law of nature has made pain the warning, and to that end the accom paniment of violent death. AN UHKSOW5 DEATH PENALTY. "It might suffice to say that this mode of tilling be at once cruel (how cruel and to what degree is of no consequence) and un usual, the punishment was unconstitu tional." At this point in the argument Mr. Justice Field asked: "Is not death by electricity instantaneous, and therefore painless?" Mr. Sherman replied: "It appears from tbe great mass of scientific testimony taken in the State courts that it is conceded even by the advocates of this law that the ques tion whether the application of a current of electricity is painless, or whether, on the contrary, it insinuates into the nerves and vital fluids and forces is the most exquisite, penetrating and disintegrating torture which the ingenuity . f man has ever devised, depends upon the scientific conditions applied. The whole matter instead of being dealt with by the law is developed upon the unregulated dis cretion of the keeper of a prison. The law does not require him to be Mr. Edison, or IProf. Bell, or Mr. "Westiughouse or Prof. Tyndall or any other expert electrician. He ruay consistently with any mandate of the law be without scientific attainments and without any capacity to determine intelli gently between conflicting scientific claims. Tfierefore, if he determines in his discre tion that he will begin on the first hour of the week by the application of a current of say 800 volts, although if that current does not immediately kill it must be inevitable torture to the victim, nevertheless this law gives the warden no discretion but to con tinue that current until it does kill, pro vided only that it kills within the week. There is some scientific authority for the View that 800 volts will kill, and'the war den is at liberty to accept that authority, even though all the experts whom the Court would think fit to speak should insist that zne application oi sucn a current would be more torture." THERE IS NO PRECEDENT. The evidence taken, he said, he had ready to submit to the court, and he urged that the Court should consider it The Court of Appeals, he argued, "had totally misconceived the question of the effect of the scientific proofs, there was here no issue of fact whereby to determine by considera tions of the burden of proof whether a statute should stand or all. The cases cited to that point were wholly irrevelent. The proper view of the bearing of evidence, lie continued, was as follows: Here was a cose where the Court itself not having the scientific information which in law it must be considered to have and being obliged to take judicial notice of the effect of this punishment properly informs it self by means as it sees fit upon the sub ject the information so Vceived becomes part of judicial knowledge. The supposed investigation of the Legislature does not in clude the court. If the court as a matter of law should determine that the statute "within its lawful operation, according to its terms can sanction torture its duty is to condemn the statute. Thus it is said that courts will take judical notice of the course of nature. (Mr. Sherman here cited various uuthorities.) "It has been held by this court that where a judge must take judicial notice he .may inform himself very much at his dis cretion. A rclerence to the testimony shows that the prisoner is subjected to the risk of torture, and under the best scientific condi tions and chances to be adopted and suc cessiully used by the "Warden, the prisoner is in absolute certainty of torture." AT THE WAEDEN'S tttSCBETION. He referred to the testimony of "Warden I Dnrston to show that in this case no such conditions had been secured. Mr. Sherman then said that "a law which authorized the warden to go into the convict's cell with a rope at any time within a fixed week, could clearly not be due process of law. The warden might hang him by the neck or by the heels, or bind him and leave him to perish of terror ana exhaustion, but such a law would not leave more to his discre tion tnan this burden ot experiment thus unloaded by the Legislature on the prison keeper leaves to him. The possibil ity under a statute oi such a result makes it unconstitutional. Thus in the United States against Eeese (92d U. S. 221) this court says: 'A penal statute which is in general language broad enough to cover wrongful acts without as well as within the constitutional jurisdiction cannot be limited by judicial construction, o as to make it operate only in that which Congress may rightfully prohibit and punish.' "The same principle was applied in the trade mark cases (100 U. S. 98), the Harris case (106 U. S. 642), and the case of Bald win versus Franks (120 U. & 686), and in Hartung against the people (22d N.Y. 106). The Court of Appeals said: "As both parts may be inflicted and as the convict is, under the law, exposed to the double infliction, it is within the definitions an ex-post facto law." Mr. Justice Field then asked: "Do jou claim that the eighth amendment applies?" Mr. Sherman answered "not without the aid of the fourteenth. I contend that the eighth amendment confers upon citizens of theUniled States a limited immunity from civil and unusual punishment, and that this limited privilege is extended and protected by the fourteenth amendment But I also contend that the language, 'due process of law,' is broader than any of the first ten amendments, and that cruel punishment, if unusual, cannot be due process of law. I refer to what Your Honor held in the Slaughter House cases (16 Wallace, 118) where vou said 'the constitution specifies in terms only a few of the privileges and immunities of citizens, but they are very comprehen sive in their character above all and in cluding alj tbe rest the right of not being deprived of life without due process of law.' " At the conclusion of the hearing in the case the Court took an adjournment until Monday. The work of the present term is finished except the handing down of some decisions. This will be done on Monday. Mr. Sherman returned to 'New York to night The members of the court and lawyers generally regard the Kemmler case a most interesting and important one, and it is the general opinion so far as can be ascertained here that the Court will en deavor to be prepared to render a decision on the 19th inst immediately after listening to the arguments. ANOTHER WRIT GRANTED. Apparently the Only Things In Connection Which Can be Executed. Buffalo, May 5. Another writ of habeas corpus has been issued in the case of Kemmler, the murderer. Copies were this morning served upon District Attorney Quinlan and others interested in the case, including "Warden Durston, to produce Kemmler before Judge Underwood at Auhrn on Saturday next The writ was granted by Judge Corlett, and was obtained by Charles S. Hatch. It is issued to dispose of the question as to whether the warden of the State prison at Auburn can legally execute Kemmler. A stay of execution was some time ago asked upon the same ground, Mr. Hatch urging that nobody but the Sheriff of Erie county could execute his client THE ELKS' MEETING. Legal Measures to Prevent Its Taking Place in Cleveland. New York, May 5. Justice Barrett, of the Supreme Court, to-day granted a tem porary injunction restraining the Benevo lent and Protective Order of Elks from holding their annual meeting of 1890 in Cleveland, O., and Secretary Arthur C. Moreland from removing the seal and charter or books and papers ot the order. The organization was formed in this State in 1871, and has now 160 lodges. The bal ance of power used to be in the East, but now the "West has the majority. There are but 151odges in this State. Until 1877 the annual meetings were held in this State, but in that year the Grand Lodge went to Philadelphia. There was objection to this, and it was shown the annual meetings were required by the constitution to be held in this State. In 1888 an amendment was adopted, pro viding that by a majority vote the Grand Bodge meeting might be appointed for and held in cities outside this State. Last year, when the selection ot the place for this year's convention was made, Cleveland had a plurality and wasdeclared to be the choice. There was a large majority against Cleve land, however, and Louis Mendel, the Treasurer, has gotten an injunction. Con tending that a plurality is not a majority, and that the majority being against Cleve land, the lodge must and should meet in this State. Arguments for the continuance of the injunction will be held later. FIFTY inLIIONS OF CAPITAL. The Plana of the Prospective American Gas Investment Company, Philadelphia, May 6. The stock holders of the United Gas Improvement Company held their annual meeting to-day, at which the preliminary steps were taken toward guaranteeing the organization of the prospec tive American gas investment company. The sew enterprise is to be capitalized at 550,000,000, of which one-half is to be sub scribed in this country, and the other half to be offered to English capitalists- The capital will be distributed in 100,000 shares at 5100 par, and 2,000 of these will be issued at par as founders' shares to sub scribers in consideration of guaranteeing 5200,000 to pay for tbe organiza tion. As soon as the organization of the new company is effected 30 per cent will be paid in, and the $15,000,000 thus raised will be applied as follows: $10,000, 000 to pay outright for the absorption of the present Union Gas Improvement Com pany, and 5,000,000 to go to the new con cern, as immediate working cash. The 510,000,000 which is to be used to practically buyout the United Gas Improvement plant covers the $5,000,000 of capital of the pres ent organization and a surplus of 55,000,000 which the company has accumulated in ad dition. FROM ATLANTIC TO PACIFIC. A Syndicate Said to be Bloving for a New Transcontinental Route. Leaventvobth, May 5. A big railroad scheme, with millions to back it, is on foot for a transcontinental short line from New York to the Pacific The enterprise is in the hands of & body of English capitalists and American railroad men. The syndicate has been se cretly at work for a long time. From Leavenworth to Denver the route surveyed two years ago and known as the Denver Short Line,and more recently as the Leaven worth. Denver and Utah Short Line, will be used. This survey is 80 miles shorter than any other line of railroad now running into Denver. From Denver to Salt Lake City, the continuation of the survey, 200 miles is saved. Bich territory hither untouched by railroad or railroad feeders, will be opened up. The scheme, however, is to shorten time and distance between the Atlantic and Pacific oceans. Tbe Oriental Mill Embarrassed. PBOVlDENCE,May 5. The Oriental Mill, A. A. Beed and Gordon Beed principal owners, is reported to be temporarily em barrassed. The mill runs about 16,000 spindles, making a fine grade of Turkish toweling. It employs about 250 hands. THE EWnXHTG TEE GESKAIT AEJffY. An Increase of the Cavalry nnd Infantry at v the Frontiers. Bsbin, May 5. The JReichsamiger, in announcing the prepatation ot the bill to in crease the field artillery by 70 batteries and the army corps by special troops, says the state of things among the neighbors of Ger many does not admit of Germany continuing the present military system, under which the artillery is strengthened at the expense of the infantry. It is therefore necessary to fix a more effective strength for the army. An increase of the cavalry and infantry near the western and eastern frontiers is also intended. It will be the duty of , the troops in those sections to advance to the frontier in the event of war, without await ing the reserves, to repel attacks. It is expected that the increased expenditures will not exceed 18,000,000 marks annually. Minister Smith at Berlin. Beelin, May 6. Mr. Charles Emory Smith, the newly appointed American Min ister to Bussia, haj arrived in this city in company with Count Yon Munster, the German ambassador to France, who came to Berlin on a visit Mr. Smith is the guest of Mr. Phelps, the American Minister to Ger many. He dined this evening with Count Schouvaloff, the Russian ambassador. The Saltan Sapports the Company. Zankibak, May 5. The suspension of operations by the British East African Company owing to the pressure of England and Germany has disgusted the natives, who fear that those countries desire to dis credit and further confiscate tbe Sultan's rights. The Sultan loyally supports the company, Crlspi Threaten to Resign. Bome, May 5 The Senate to-day in the debate on tbe charities bill rejected the clause providing for church expenses. Premier Crispi thereupon declared that he would resign in order to decide the question of the dissolution of the Cabiuet or its re construction under Signor Saracco. His announcement caused great excitement Steamer Richmond, Foundered. London, May 5. A cable dispatch re ceived here to-day from Buenos Ayres states that the British steamer Bichmond has foundered near the eastern coast of the Argentine Republic. Smashed the Machinery. Paris, May 5. Strikers at Lille to-day assaulted a number of workmen and smashed some machinery in a factory. They were dispersed by military. Foreign Notes. Lord Chief Justice coiekidge is so ill that he coold not be in court yesterday. The international rifle contest at Bome yes terday was opened by King Humbert, who fired the first shot At Vienna the suite of the railway em. ployes has been settled, the authorities conced ing higher wages. A committee of the House of Lords urges Parliament to correct the evils arising from the "sweating system." A bomb exploded in front of the Merchants and Manufacturers' clubhouse at Barcelona yesterday, wrecking the doors ana windows. MONTANA IN' A PLIGHT. Russell Harrison Says the State ! Now Banning- on Tick. Chicago, May 5. Eussell B. Harrison is apprehensive that the State of Montana will find itself in a desperate condition un less the Governor calls an extra session of the Legislature very soon. "As affairs are now," Bussell said tq-day, "the State is obliged to carry on its business and its charitable institutions on credit, as not a cent has been appropriated for tbe public use. Just how long this credit will last there is no telling, but in the nature of things it can't last very long. The Governor is aware of this state of things, and has been urged to afford a remedy by calling the Legislature in extra session, but he has not seen fit thus far to'do so, and as he is now off somewhere getting married there is no telling when he will issue the call. Tbe next regular session will not be held until next fall, and some thing mnst be done before that" Mr. Harirson also says the laws on the statute books were made when Montana was a Territory, and many necessary changes are needed. It these changes are' not made there is no telling what legal complications may arise. He thinks the next election will show Montana to be strongly Repub lican. TO ELECT BECK'S SUCCESSOR. Kentucky's Legislature to Cast Ballots on the 13th Instant. Louisville, May 6. Governor Buck ner, contrary to last night's announcement, to-day sent a formal notice of Senator Beck's death to the Legislature, and the election of a successor will consequently take place on May 13. A joint resolution of respect and regret was adopted by the Legislature. One paragrapn oi tnese is as ioiiows: By his great pnblio service; his devotion to duty and his love of country, he won national fame for himself and reflected unmeasured honor and glory upon his people and his State and. dying, he leaves no one able to fill Iris place. A guard of honor, 13 in number, was ap pointed from the two Houses to meet the remains at the eastern Kentucky line, and escort them to Lexineton. The public buildings will be draped, and flags at half mast for 30 days. Gov ernor Buckner is spoken of as a candidate to succeed Senator Beck, but ke has frequently said emphatically that he wants to serve his term as Governor and is not seeking any other office. Congressman Breckenridge, it is understood, will not be a candidate nor will Lieutenant Governor Brvan. Aspirants to succeed Carlisle in Congress are vigorously pushing him for the Senate. HABBIMAN HALT1 "WAY. He Has Brokea Down Fourteen Horses and Is Ahead of Schedule Time. Lauab, Col., May 6. Colonel J. S. ' Harriman, who is walking from "Wabash, Ind., to San Francisco within 65 days on a wager of 510,000, arrived here at 7 o'clock this evening. He is now 1,198 miles from the starting point and 320 miles ahead of schedule time. Since his last rest at Dodge City he has covered in a day and a half 150 miles, his average has been about 70 miles in 21 hours. This is his half way point, and he is awaiting orders from his manager, whom he left at Uoolidge, Han., to secure fresh horses. Accompanying him on horseback are Messrs. Drummond, Gebhardt and M. T. McDonald. Fourteen horses have al ready played out, unable to stand the strain. His route from here will be via La Jnnta and Trinidad. He is looking well and shows no appearance of fatigue, although he has lost 12 pounds in flesh since he started. MOVED THEIR STOCK AWAY. New York Firm Placed In a Serious Posttlon by the Evidence of Truckmen. New Yobk, May 5. Five attachments were obtained to-day oy Blumenstiel & Hirsch, aggregating $18,770, against Henry A. Bawke, doing business as Bawk'e & Co., neckwear manufacturers, at 531 Broadway. Affidavits were presented showing that on "Wednesday last there was considerable stock in Bawke's place of business, but on the next day it was not there. Two truckmen made affidavits tbaton "Wednesday they had carted goods away lor Bawke, one of the truckmen carting five cases of goods and seven pasteboard boxes to a cellar on Mercer street, and the. other carting 10 cases of goods to a place on Grand, street, Williamsburg. PITTSBURG- DISPATCH, HEHASDISAPPEAEED Washington Qninlan, Heir to Mill ions, Drops Out of Sight. HE HAS HADVERY HEAVY LOSSES. A New Member of the New York Stock Ex change Initiated. HE STAETED OCT YEEY WEIL FIXED. Only About 35 Tears of Age and Worth Three Quar ters of a Million. Broker "Washington Quinlan, of the New York Stock Exchange, is missing. It is thought the fear of losses which he might not be able make good led him to get out of the way. He was a millionaire's son. De tectives are lookiDg for him. 16PECIAL TELEGBAM TO THX DISPATCH. New Yobk, May 5. One of the profes sional traders on the Stock Exchange, who has been trying to keep prices down while the silver boom has carried them up, has disappeared. He is said to have lost his head, but those members of the Ex change who did business with him last Thursday, when he sold large amounts of stocks. expressed the opinion at the time that his indulgences had been such that he might better have refrained from appearing in public. His name is "Washington Quin lan, and it came to the surface to-day that the stocks he sold on Thursday and Friday were for his own account, and sot, as some of his fellow brokers imagined at the time, in execution of an order. Quinlan is a fair type of a class that has of late years been increasing in the membership of the Stock Exchange. a bich man's son. He is the son of the late "W. J. Quinlan, the wealthy lace importer, who founded the Chemical National Bank. His father left him, according to all accounts, about $750, 000, and after traveling and enjoying life in other ways for a few years, he determined to buck the- tiger in "Wall street. Now, at the age of 35, he is discred ited in "Wall street, and to-day about 13,000 shares of stock that he had sold short were bought in under the rules of the Exchange. It is generally estimated he was short about 30,000, but many of the brokers with whom he had made contracts suspected something wrong on Saturday, and closed the contracts themselves. Quinlan is said to have boasted to some of his friends on Friday that he was short 32,000 shares. A large part of his sales on Thursday were on seller, thiee days' option. From which it is inferred that he expected or hoped the market would go his way before those contracts came due on Saturday or yesterday. HIS LOSSES FIGURED UP. The Stock Exchange was formally noti fied of Mr. Quinlan's disappearance from business in a note from his counsel, of which the following is a copy. It was addressed to Secretary George W. Ely and signed by Solomon Hanford: On behalf of the family of Mr. Washington Quinlan. one of your members, 1 beg to notify vou of his disappearance, due, as they are forced to believe, to mental derangement. From the clerks in his office it is learned that there are several outstanding contracts made by him with members of the exchange. This notice is given that the other parties may tako measures to protect themselves. The brokers were not inclined to takeQuin lan's disappearance seriously. They fig ured up that he stood to lose $50,000 to $100,000, and was ashamed to iace the music. It is believed that claims against him are good. He was last seen at the New York clnb at 2 o'clock Saturday morning. At that time his condition was not such as to inspire confidence. Quinlan joined the Stock Exchange in 1836. One of his brothers. W. J. Quinlan, Jr., is tbe present cashier of the Chemical Bank, and another brother, James, is assistant treas urer of the Greenwich Savings Bank. His lines of short stock are said to have included every active stock on the list A GOOD STAKT IN LIFE. An intimate friend of Mr. Quinlan made the following statement to-night concerning the matter: "Mr. Quiplan's father left a fortune of about $3,000,000, which was divided equally among his four sons, "W. T. Quinlan, James Quinlan, Joseph Quinlan, an invalid, and "Washington Quinlan. All the brothers who have engaged in business have done well and added considerably to the $750,000 their father left to each one. Each son has the repntation of being worth some thing more than $1,000,000. "Washington Quintan is unmarried. He has apartments at the New York Club. He entered commercial life as a clerk in the Mercantile Bank and served in that capacity for sev eral years. His health gave out, and he re signed his place and began traveling. He traveled all over Europe and this country until December,1886, when he bought a seat in the Stock Exchange and began a general room trading business, speculating on his own account. He did hardly any commis sion business." DETECTIVES LOOKING FOE HIM. So far as it is yet known nobody has seen him since he left the New York club. No body saw him on Saturday or Sunday, and on Sunday night some of his friends, know ing of the big contracts which he had to fulfill on the sneceeding day, notified the police oi the "West Thirtieth street station. Detective Kemp was assigned to the task of looking Mr. Quinlan up. He got no trace of him. In the meantime Mr. Quinlan's brothe ware notified of his disappearance. At 2:15 6'clock Mr. Quinlan's contract expired and the stocks were bought under the rule. There were onlv requests to buv in 13,200 Bhares, but 15,000 shares were al ready covered. Mr. Quinlan's friends have several theories concerning his disappearance. Many think that his absence is but tempo rary and that he will turn up in a few days. Others say that Mr. Quinlin ha? been act ing very strangely for some time and that they believe he has wandered off insane, TEMPEST IN A TEAPOT. A Town All Spilt Ud O.ver School Graduation Exercises. Providence, K. L, May 5. The adjoin ing town of North Attleboro is all agog over the action of the teachers in the High School in awarding the valedictory honors at the coming commencement to Miss Marion French. Miss French is both pretty and scholarly, but her teachers jumped three girls in her class "who stood higher than she. This has caused the trouble. Miss Catherine Lynch, daughter of Thomas Lynch, stood the highest in her class, but she is both a Boman Catholic and plain looking. For these reasons it is al leged her teachers refused to give her the valedictory to which she .is justly entitled. The only reasons given for the award of the honoY to Miss French, it is said, are that her deportment, personal appearance and elocution are better than her classmates'. The class as a whole is indignant and has asked for a conference with the teachers on Monday. The result is anxiously awaited by the public, as a petition is in prepara tion that will be held in abeyance until the results of this meeting are known, calling for a special town meeting for the purpose of rescinding the vote whereby the sum of $75 was voted foriheexpenseof the gradua tion exercises of the class of 1890. Agnlnst Hallway Insurance. Trenton, May 5. The New Jersey As sembly to-night passed a bill to prevent rail road relief associations organized by the companies from interfering with separate organizations of the employes. TUESDAY MAT 6, THE WEBSTER MYSTERY. THEIUNEXPLAINED DEATH OFMISS HOYLE "" RECAtLED. The Singular Conduct of Her Uncle Andrew and nts Elopement With the Dead Girl's Sister A Mystery Upon Which Lieut Is Beginning to Dawn at This Late Day. Staffoed Springs, May 5. The mys tery of beautiful Lilla Hoyle's murder in "Webster, Mass., whose body was found tucked into a corn crib on a lonely road in Oxford, a mile or so from "Webster, has never been solved. The young girl stepped out of her boarding house on the evening of September 1, 1887, and her friends did not see her again until her remains were accidentally discovered by hunters in the crib. The world knows absolutely nothing more about the circumstances of her death. A belated wayfarer dimly saw a carriage dashing along the Oxford roauTthat evening and heard a woman's faint scream. Mis3 Hoyle was a shop girl and had many admirers, and suspicion connected several of them with her fate, but not definitely. Her uncle, Andrew Hoyle, a rather pecul iar person, was thought to know something about her death, and some people fancied that Lilla's younger sister, Alice, who told many varying sto ries about her sister, might have thrown light upon the tragedy if she had wished to do so. Local officers of the law and New York and Boston detectives worked at the case tor months, wrought out ingenious theories, and finally abandoned it, having attained no plausible explanation of the crime. Now a singular incident recalls publio attention to the tragedy. It is the elope ment the other day of the uncle, Andrew Hoyle and Lilla's sister Alice. Andrew and Alice have been fast friends for years, and during the investigation of the mur der he was the staunch defender and guar dian of Alice. Soon alter the murder of Lilla, Alice went to live in Andrew Hovle's home, and the relations between uncle and niece became so openly affection ate that there were frequent stormy scenes between Andrew and his wife. Finally Alice went to her brother's house in Spen cer, and has resided there during tbe past year, but Andrew planned so that he was Irequently with her. His neighbors say he was constantly moving back and forth between "Webster and Spencer. At length he removed to another house in Webster, then quit his wife and 14-year-old daughter and went to Spencer to live. Later he rejoined his wife, removed with his family to Pawtucket, B. I., and summoned Alice there. Not many days ago he packed up his personal property and informed his wife that he was going to Illinois, but Mrs. Hoyle refused to accompany him if be took Alice along too. Thereupon Andrew ship ped all his household belongings to "Worces ter and stored them there, and induced his wife to sign a deed of sale of the "Webster home, promising to divide the proceeds with her, but he did not seep that promise, sud denly he and Alice disappeared, and Mrs. Hoyle and her daughter were left destitute in Pawtucket Sue returned to Webster and obtained employment in the mill there, but was stricken with pneumonia, and now the town authorities are caring for her. It is not known whither Andrew and Alice have fled, but it is believed they have gone "West These later incidents have deepened the mystery of Lilla Hoyle's fate, The actions of Andrew and Alice have been enigmat ical, and it has long baen the opinion of many "Webster people that Alice continu ally receives money from a mysterious source and that she has shared it with her uncle. A VEBY ORDERLY PE0CEEDINO. The McKeesport Tube Works Men Take Leisurely Action. TSFECIAI. TELEQHAM TO 1ST PISPATCn.1 McKeesport, May 5. At 6:15 o'clock this evening, a peculiar time in the day, when the entire plant of the tube works is idle, the day forces having gone to supper and tbe night men not yet starting in, a meeting was held at the Palace Bink by the men of both turns to hear the report of the committee of 15, which was appointed on Sunday to present to General Superintendent Patterson the result of their deliberations, namely, a request tor nine hours, with pay the same as now, or an advance of 10 per cent The committee had called upon Mr. Pat terson this morning and was treated kindly and courteously. They made known the demands of the men and Mr. Patterson in return stated that he would at once submit the matter to General Manager E. C. Con verse. As the latter is not here and will not be in the city before Thursday, it is probable that .an answer will not be secured before then. This was reported to the meeting of to night, which was brief, and after a discus sion it was decided to await until Thursday for the answer of the general manager, be fore taking any further action. The men will take steps to organize branches of the Federation of Labor, and while they have not taken any decided action as yet, they will do so. It is probable that five branches will be organized. DR. PETERS HEARD FB02L His Adventures and Battles In (ho Dark Continent. Berlin, May 5. The Emin Belief Com mittee has received a letter from Dr. Peters in which he says he ascended the Tana river and camped from November 16 to No vember 20, in the mountains. He made an at tempt to bridge the Tana river, but failed and traversed the right bank to Kikuju, through Leikspia and thence to Lake Baringo. Dr. Peters and his party had frequent engage ments with the natives, and defeated tbem. They reached Nfjemps on Like Baringo on January 7, and started for Victoria Ny anza on January 13. The caravan com prised Dr. Peters, Lieutenant Tiedeman, 50 porters, 10 soldiers, 3 camel drivers, 2 kitcn en boys, 3 servants, 2 camels, 6 donkeys and 315 sheep. CUMBERLAND MAKES A LOAN. The Balilmoro and Ohio' Favors the Mary land Town. Cumberland, Md., May 5. The City Council to-night adopted the report of the Committee on Baltimore and Ohio Bailroad loan of $150,000. The report makes among others the following changes in the original propositions: First The company will issue its own bonds for $150,000, the city guaranteeing the principal and to pay the interest, for which the company will give first lien upon the improvements made with the money. This $150,000 will be used in erecting buildings and tor the purchase of ma chinery. Second The company agrees to keep the termini of its three divisions here for 20 years instead of 30. STEPPED BEFORE A TRAIN. The Usual Result Followed and the Man Is No More. ISFECIAL TELEOIULil TO THK DIBFATC3.I McKeesport, May 5. Alex. Czryery, a Hungarian 20 years of age, was killed on the Baltimore and Ohio road at the Huey street crossing at 6:30 o'clock this evening. He was crossing the track and stepped in front of Conductor Drake's train. He was thrown into the air, and when picked up breathed heavily ior five minutes, after which he died. His skull was crushed, but otherwise be was not mangled. The man worked at tbe tube works coupling shops, and came here three months ago. Whltcbouse-Armonr Nuptials. CHICAGO, May 5. At noon to-day Miss Mary Armour, daughter of Mr. George Armour, and Mr. Francis M. Whitehouse, eldest son of the late Bishop Whitehouse, were married. They left this afternoon for New York, and will spend their honeymoon abroad. 1890. IN HONOB OF BECK. Both Branches of Congress Adjourn in Honor of Senator Beet. SEVERAL FEELING TBIBUTES PAID. A Congressman Who Knew the Deceased From 10 Years of ige. TELLS OP SENAT0E BECK'S BJEC0ED, And Speaks of His Career as One of a Typical American Citizen. Both the Senate and House adjourned yesterday to show sorrow for the death of Senator Beck, of Kentucky. In the House Mr. Breckenridge arose, and said he had known tbe deceased from 10 years of age, and found him in all his course of life a typical American citizen. Washington, May 5. There was an unusually large attendance of Senators present in the chamber, and of spectators in the galleries this morning when the opening prayer was oflered by the chaplain. Mr, Beck's desk and chair were covered with black crape, and a feeling of solemnity per vaded the chamber. As soon as the journal of Saturday was read, Mr. Blackburn rose and with a voice suffused with emotion, said: "Mr. President, my old colleague is dead. It is not my purpose at this time to speak either of him or the great services which he has rendered to his conntry. "In the freshness of the sorrow, the love which I bore him would blind with its tears. The drapery of his desk furnishes a fitting type of the sorrow which pervades every heart in this chamber. A great Com monwealth with bowed bead to-day puts on the weeds of mourning. At an appropriate time and in tbe early future, I will ask the Senate to afford to his friends an opportunity to pay their tribute to his memory. I will now ask the Senate to consider the resolu tions which I send to the clerk's desk." resolutions op regret. The resolutions as sent were adopted as follows: Resolved, That the Senate has heard with great sorrow of the death of the Hon. James B. Beet, late Senator from tbe State of Ken tacky. Kesolved, That a committee of seven Sen ators be appointed by the President pro tern, to take order for superintending the funeral of Mr. Beck, which will take place to-morrow, Tuesday, in the Senate chamber, at I o'clock P. at., and that the Senate will attend the same. Kesolved, As a further mark of the respect cuiet laiueu uy me oenaie ior nis memory, tnas his remains be removed from Washington to Kentucky in charge of the Sergeant-at-Arms and attended by the committee, which shall have full power to carry this resolution into effect Kesolved, That the Secretary communicate these proceedings to the House of Representa tives and invite the House of Representatives to attend tbe funeral to-morrow (Tuesday) at 1 o'clock and to appoint a like committee. Resolved, That invitations be extended to the President ot tbe United States and the members of his Cabinet, tbo Chief Justices and tbe Associate Justices of tbe Supreme Court and the Diplomatic Corps to attend the funeral in tbe Senate chamber. Resolved, As a further mark of respect, that the Senate do now adjourn. The resolutions were declared adopted unan imously, and the Senate adjourned till 12 o'clock to-morrow. The following Senators were appointed as a committee to superintend tl A fnflQIHll faODVa Tln nlr1.H. Tf- - 1 T Kenna, Dawes, Evarts and Manderson. ACTION OP THE HOUSE. A message having been received from the Senate announcing the death of Senator Beck and inviting the House to be present at the funeral services to-morrow Mr. Breckenridge, of Kentucky, offered a reso lution accepting the invitation and request ing the Speaker to appoint a committee of nine Representatives to take action with a committee appointed by the Senate to take charge of the funeral arrangements. The resolutions were adopted unanimously. "I will not," said Mr. Breckenridge, "detain the House except with the an nouncement of the death of my predecessor and friend. It is a personal sorrow much more than a public sorrow to manv of us. more especially probably to me who had been his friend since he was a lad of 10 years of age, connected with bim by every pos sible'tie which can connect two men, except blood and relationship. It was in this House he won his first national reputation, a reputation based on the loitiest Qualifica tions of a true manhood. His life was one of the most romantic in American politics. That A POOR SCOTCH BOT should come to the Bluegrass country, should rise to the head of the most brilliant bar west of the Allegheny Mountains, should be elected four consecutive times to fill the seat once filled by Henry Clay, should be translated to the Senate'and re ceive three consecutive elections almost without opposition, and should win the love, confidence and esteem of bis entire State; that during 68 years of his manly life no one ever found a flaw in his stainless integrity, in his lofty courage, in his pure, tender, personal friendship and affection, iu the noble generosity shown to both friend and enemy, attest that the love Kentucky gavefcim was deserved; that the confidence she reposed in him was wisely given, and is proof that the grief that some of us feel is a natural grief." In accordance with the terms of the reso lution, the Speaker appointed the following committee: Messrs. Breckenridge, of Ken tucky; Holman, Blonnt, Bland, Hatch, Wilson, of Kentucky; Banks. Dunnell and Buttcrworth. The House then, as a mark of respect to the deceased, adjourned. A BILL SIDE TRACKED. THE RIVER AND HARBOR INTERESTS PUT IN THE SHADE. The Elver and Harbor Committee Indignant Over Being; Thrnst Aside and Ask for a Special Hearing on the Subject Will Press Consideration. Washington, May 5. In the Repub lican conference upon the tariff to-day the river and harbor bill managers made a strenuous effort to have that appropriation bill made a special order for consideration to a conclusion before the tariff bill is taken up, and Representative Henderson, who is Chairman of the Committee on Bivers and Harbors, by direction of that committee, made a statement of tbe reasons why this should be done. He pointed out the danger of the tailnre of the bill through delayed consideration, and offered a resolu tion setting apart Wednesday and Thurs day for acting on tne Din. A majority of the members could not be made to take his view of the matter for it was decided by a vote of 90 to 19 thai the tariff bill was the matter of prime impor tance, and should be called up Wednesday. p Then arose the question of the time to be allowed for its consideration. The record of the proceedings of the last Congress was quoted to show that the general debate and consideration oi the Mills tariff bill had run along lor nearly three months, with inter ruptions, on account ot the necessary con sideration of general appropriation bills. Finally it was agreed that the general debate should go on for four days Wednesday, Thursday, Friday and Satur day of this week with night sessions for speeches. Eight days additional will then be allowed for the consideration of the bill by paragraphs under the five-minute rule. May 21, the previous question on the final passage of the bill is to be considered as or dered by the terms ot vj;pecial rule to be adopted. Mr. Burrows tried without cuccess to have the five-minute debate go on Vor a few days without a fixed date for its conclusion, hold, mg that the presiding officer cuuld under J . iengtn. When this subject had been disposed of tbe river and harbor men made another effort, this time seeking to have adopted a special rnle providing for the consideration of tfieir bill immediately after final action upon the tariff bill, bu,t again they were de feated. There was some talk about the re maining business before Congress, and it became evident that the general feeling that a final adjournment could be reached about the middle of July. Tha members of the Committee on Bivers and Harbors feel some what indignant over tbe manner in which their bill has been side-tracked. They ap preciate the fact that unless early action is taken upon that measure that it may fail by reason of a lack of time for due considera tion by tbe Senate. Yielding to the inevi table, however, they are determined to press its consideration as soon as the tariff bill is out of the wav, and will antagonize all other legislation until the river and harbor bill is disposed of. RECRUITING CHANGED. REGIMENTAL WORK SUBSTITUTED FOR THE GENERAL DEPOT SYSTEM. Flans for the Coming Season oi Engineer Stady and tbe Curriculum Adopted MI nine, Torpedoes and Hydrography the Principal Studies. ISrzCTAI. TILED RAM TO TUB DISPATCH. I Washington, May 5. The present sys tem of general recruiting service in the army is to be modified. There is an insuffi- cient number of recruits secured, the enlist ments averaging not over 350 a month. Similar difficulty is experienced each spring and summer. The require ments physical, mental and moral, for re cruits are very exacting, and the number of enlistments could at any time be increased by a less strict application of these regula tions. This tbe War Department is unwill ing to do. Belief will perhaps be afforded by the adoption of regimental recruiting, already satisfactorily tested in the Eleventh and Twenty-third Regiments of infantry. It is proposed to extend this privilege to the Seventh Cayalrv stationed at posis in jvanHas uuu lue Auuiau aerruory; me Second Artillery, whose batteries are lo cated in seven States in the division of the Atlantic, including Fort Adams, B. I.; Port Trumbull, Conn., and Fort Schuyler, N. Y., and the Third Infantry stationed in Minnesota and South Dakota. It is considered that the same facilities for securing suitable men exist at these places as they do in Northern Kew York, where the Eleventh Infantry is located, or in Montana, where the companies of the Twenty-third Infantry are on duty. The men thus obtained have been so far reported as satisfactory. Their super iority over recrnits obtained at the general depots must be determined by time. The programme of study and instruction for the ensuing summer season at the United States Engineer School at Willet's Point, K. Y., has been arranged. The five subjects to be treated are military engineering, tor pedo drills.civil engineering, field astronomy and military photography. The important features of military engineering will be map-making, when each Lieutenant will be required to make four mile-foot reconnoissanees; mining and trestle and pantoon drill. The offi cers of the torpedo class will be divided into details of at least two officers each for the pnrpose of taking charge of the preparation and planting of a grand group of torpedoes. Occasionally loaded mines are to be planted and fired as in actual service. In civil engineering, instrumental sur veys ef one square mile and bydrographic surreys will be made. Tbe first season in astronomy includes sextant work and transit and zenith telescope work, and the second includes sextant work. TOOK IT FOB A GIEL. A Conductor Who Wanted to Collect Fare From a Chimpanzee. From the New York 'World. J Mr. Donald Burns, of No. 115 Roosevelt street, is a dealer in birds and animals, and has lately added a young chimpanzee to his collection. Mr. Burns received word from Boston a few days since that the captain of a sailing vessel, which had just arrived there from the west coast of Africa, had a chimpanzee for sale. Mr. Burns accordingly went to Boston to see the animal, and, finding it a good specimen, purchased it with a view to selling it to the Park Commissioners of this city. The animal, it seems, is very tame, and while on shipboard learned many tricks, such as using a fan and eating with a knile and fork. The Captain's wife had made the chimpanzee a child's dress and hat. The appearance of tne animal in these tegs is ludicrous in the extreme, thn creature look ing for all the world like an ordinary hut very homely little colored girl. Mr. Burns was at a loss how best to trans port it to this ciiy, but finally concluded to dress it up and bring it down by train in one of the passenger coaches. On Friday night Mr. Hums, accompanied by the chimpanzee, took seats in the "smoker" of one of the trains of the New York, New Haven and Hartford bound for New York. To all appearances Mr. Burns had a little colored girl with him, and when the con ductor came around ior the tickets and asked tor "the child's fare" there was a general roar among those passengers sitting near by, who had discovered the nature of Mr. Burns' companion. "This isn't any child," said Mr. Burns, "it's a " "You don't coll a child as big as that a baby, do you?" asked tbe conductor. "Come now," said he, becoming impatient and feel ing rather nettled at the laughter on all sides of him, "you'll have to pay half fare, anyhow. "But. I tell you," said Mr. Burns, "that this isn't a child." At this point the chimpanzee, which had apparently been listening with interest to the conversation, turned its face up to the conductor and grinned. "Holy Moses!" exclaimed the startled official. "Why, I'm blessed if that isn't a monkey." This was too much for the conductor, who didn't recover from his astonishment for the rest of the trip. Ontario Tackles the Labor Question. Ottawa, Ont., May 5. The Secretary of State to-day introduced a bill to estab lish a labor bureau in connection with the Department of Agriculture. The bureau will inquire into all relations between labor and capital, as well ai investigate the Chi nese question. Fast Railroad Time. Baltimobe. May 5. By reason of the construction of the new bridge across the Schuylkill river, the Baltimore' and Ohio Bailroad will reduce the time on all of their through trains between New York and Washington, and will run, at least one train each way in five hours. A Movement Tovrnrd Consolidation From tbe Philadelphia Times. Two prominent down-town banks have ar ranged to consolidate their business, and it is understood that there are other banks which may do likewise in the near future. The con solidation plan is regarded as a practicable method of reducing the expenses and facili tating the transaction of banging business. The report of the work of the Illinois Humane Society for Its twentv-first year showed children rescued and condition reme died, 1,254; surrendered to institutions, 314; placed temporarily in institutions. 305; persons prosecuted for cruelty to animals, C7; persons prosecuted for cruelty to children. 33; aban doned and Incurable animals killed, lit Jay Qould's daily income has been es timated recently at $7,448; Cornelius Vander biltsat5,319; John D. Rockefeller's at J18, 715, and William Waldorf Astors at S23,o93. IhTrules, keepthe debate within reasonable BACK FROM CANADA. The First of Kew York's Boodle AI dermen Eetnrns to Surrender. ACCOMPANIED BY HIS BROTHEE He Goes to the District Attorney's Office to Hare a Bond Hade, BUT BECOMES TEEI IMPATIENT, And Leaves tbe Plice Without AccomDlisuIig the lllaslon Intended. Ex-Alderman Saylea, of New York, has left the Canadian colony and returned to the metropolis. He went to the District Attorney's office for the purpose of giving himself up, got nervous while there and left. rsrzciAi. TZUOBAX TO TT1X DISFATCH.I New Yoek, May 5. Henry L. Sayles, ex-Alderman of 1881, is here again from a foreign shore; that is, he was here for awhile, and maybe be is yet He is the first of the colony in Canada to venture back into the jurisdiction of New York. Sayles ran away on the eve of his trial upon the charge of bribery in October, 1886, and Brother Sol Sayles, Brother Henry's part ner in the butcher business at Jefferson Mar ket, and hi3 bondsman had to pay $25,000 to the city treasury. The brothers met Brother Sol up town this morning and they went to gether to the District Attorney's office, s that Brother Henry could surrender himself to District Attorney Fellows. AT THE DISTEICT ATTOBNET'S. They reached the office at about 2 o'clock. Sayles, when he took French leave, was fat and rosy. He is fat still, but not rosy, and there Is a plentiful sprinkling of gray in his dark hair and mustache. In the halcyon Aldermanic days, too, he was'given to fine raiment and sparkling jewels. To-day he was dressed in clothing unmistakably En glish, because of its obtrusive bagginess, and there was not even a glimmer of a jewel about bim. Colonel Fellows was out at lunch, and Brother Sol told Private Secretary Mc&ee that time might be saved by drawing a bail bond for Brother Henry, which he (Sol) would sign later on. While the bond was being drawn Brother Henry got restless. The fear of spending even a night in the tombs apparently made him uncomfortable, and whispering to brother Sol, he hurried out. So, when Colonel Fellows returned from lunch, brother Sol was there and so was the bond; but brother Henry was not, and the BOND WAS NOT EXECUTED. Brother Sol telephoned to his shop, pre sumably to brother Henry, and Detective Sergeant Kernan went away in a hurry. At about 5 o'clock he returned without brother Henry. Then Colonel Fellows gave Ker nan a bench warrant for brother Henry, and brother Sol and Kernan de parted together. If be found brother Henry it was Kernan's intention to lock him up over night in police head quarters, but it was believed that it was ex tremely unlikely that brother Henry would let himself be found, and that he would keep himself extremely dark until to-morrow, when he will appear in General Sessions and surrender himself with a prospect of having ample time to perfect his bail bond before the close of the day's business. It is not at all probable that Sayles will be tried. He was nof a member of the "combine" of of 13 of the Board of 1884, and the indict ments against all the other Aldermen of that Board who were not members of the "combine" were dismissed, Colonel Fel laws indorsing the indictments, against them to the effect that there never was any evidence against them justi fying their trial, Sayles has been preparing the way for his return for several weeks. The next step will probably be a motion to vacate the order forfeiting the $25,000 bail that brother Henry jumped. Another Al derman of the Board ot 1884 will seek relief from indictment. Ex-Alderman Pearson, who turned State's evidence on the trial of Jacob Sharp, testifying, among other things, that Sharp offered him $1,000 for his vote in bis (Pearson's) men's furnishing goods store in Sixth avenue, will move, through counsel, before Judge Fitzgerald, that the indict ment against him be dismissed. BUCKS COUNTY'S DEFAULTER ABBESTED. Shellenberger Belarus to His Home and Gives Himself Up. Philadelphia, May 5. J. Monroe X, Shellenberger, the Doylestown lawyer, wb ran away several weeks ago after swindling clients and farmers in Bucks eounty out of nearly $150,000, returned last night, and spent to-day at the house of his brother-in-law in this city. Alter leaving Doylestown Shellenberger went West and was seen at Tacoma, but he disappeared from that city before a war rant could be served upon him. This morning Shellenberger sent word to the Sheriff of Bucks county that he was here awaiting his orders. The Sheriff came to the city to-night and and left for Doylestown with his prisoner at 11 o'clock. tfXEESfOBT HAS A FIRE. I A Coal Oil Can U Responsible for the IlIsciU nation. fSPECIAL TSXEOTtAM TO TTOI DISFATCH.I McKeesport, May 5. At 6 o'clock this evening a large double house located at Lynch & Bobinson's Coal Works, across tbe Youghiogheny river from Moore's dis tillery, took fire and was burned to the ground. The houses were occupied by Bobert Stevens and John Maxwell and families. All the household goods were lost. The insurance, if any, is small. A spark from tbe stove in the Maxwell house, which, dropped into a can of carbon oil, caused the) big blaze. AH M. P. IN BISQEACE. Rykert's Condnct Is Officially Declared Cor rnpt and Discreditable. Ottawa, Ont., May 5. The Byksrt Committee met to-day and practical adopted Mr. Blake's report, with a few modifications. In conclnsion, the report declares, in tne words or Bi.ucnaru uart wright's resolution, that his conduct was corrupt, discreditable and scandalous. It does not recommend expulsion. Mr. Bykert resigned his seat in the Honse on Friday last. A Boy Kills His Father. Kansas City, Mo., May 5. A special from Butler, Mo., says: Joseph. Carr and wife quarreled last night over some trivial affair. Carr raised a chair as if to strike his wife when his son Charles, aged 13, who was standing in the yard, threw a stone at bis father through the open door. The missile struck Carr on the forehead between tha eyes, fracturing his skull. He cannot live. The boy was arrested. They Are Tired of Low Rates. Chicago, May 0. The much talked of meeting of Western railway presidents con vened here to-day to disenss the rate situa tion and attempt once more to adopt an agreement strong enough to hold the roads together. Mexican Governor Dead. Crnr or Mexico, May 5. Senor Zer tuche. Governor of the State of Oaxaca, died last night at Tehuantepec. I 4 i I
Significant historical Pennsylvania newspapers