ssssssasai Wv "B" wrrW&Hif THE PZTTSBUR&' DISRA.TCH, SATURDAY, -. NOVEMBER 5, 1893. and men repcetlvelr owe to each other should he sti icily and fully discharged. To n certain extent they are released from the operations of civil law la that portion ortlio country in which their active operations may lie. It Is upon this principle that Gen eral Grant, if ho ordered the burnlna: or a building in Virginia during the war, could not, under tlio law, be convicted of arson under the laws of Virginia. And so, too. General Lee, if he had ordered a houso to he burned during active operations in Pennsyl vania, would not have Doen liable to local laws where this burning took place; because It was an actual state of conflict. Theso feamo principles exactly apply to the oflicors and men who were encamped at Homestead. The action of the Governor in calling them out Tor tbe purpose of nuppress lng riots, tbe condition of affairs (which was knon n by these defendants here, shown to javo beenknown to the officers and men) cuirouniling them, made them subject to the same general principles of law by which an army in actual war is governed. Must Consider Their Motives. The only difference (as was correctly stated by the learned counsel for the Com won wealth) w liich arises out of the differ ene'es in surroundings is in this: The jury must consider all the facts and circum stances surrounding the parties at the time in determining whether or not the officer or dering the punishment was actuated by an lmptopcr motive. No acts of military of iicers or tribunals within the scope ol their jurisdiction can be revised or punished criminally by a court ot common law, but Jor a malicious exercise by a military officer ot lawiul authority, or for acts ot a military officer in excess Dt authority toward those in the militaiy service where civil laws are in lull ldrce, he may be called upon to ans-ner. Where his acts go beyond his Jurisdiction, or are attended with circum stances of excessive severity arising Irom ill will or a depraved disposition or vindic tive feeling, he cm claim no exemption. The case, thereloro, turns upon the motives which induced the infliction of the punishment. And this is a question for tbe jury, to he determined by them upon the v hole testimony. The rule ot law by htqh you muse be governed in n.aking up your verdict is contained in a single proposition; it is this: I you believe fiom the wiiolo tes timony that the defendants in all the acts complained of i ere actuated alone by nn no ught intention to maintain the discipline of their command and the interebis of the tervice in which they were engaged, then your verdict must be not guilty. Must Find a Vindictive Feeling. If, having found that the punishment of the piosecutor was lu any manner increased or aggravated by malice or a vindictivo feel ing ton aid him on the part of the officers, or by a disposition to oppress him, then your verdict should be guilty. And in deciding the question yon are to take into considera tion the service in w hicn they wro engaged, the place w here the tiansnctions happened, the condition of the troops under the coiu tuauil of the officers, and the stunt and tem per of the enlisted men, as the offlcei snnuer etood them to be, the spint and temper of the inhabitants br which the command was burrounded, and the nature :ind character o; the communication between those inhabi tants and the troops, and how far the con duct and example of the prosecutor mi-jut, in the judgment of the ueiendants, be cal culated to embarrass or frustrate the objects for which the troop i had been called into service, unless he, the prosecutor, as re duced to complete obedience. ou ill ulso consider tue manner in which the mo'ecutor was punished, whether or not care as taken that he mi.tit not suffer severe injury, whether the surgeons were ordeiod to bo present and weie theie tos-uporvise the tieatmeut and tue that he suffered no unnecessary injury. The relation necessarily existing be tween the officers ot a command and their suboidmatcs re ider it absolutely necessary 10 the propel control of all military oper ations that the interiors shall obey ail com mands issued by a superior officer within the ope ot his authority. It it wero not so, an army would speedily bocome a disor ganized mob, and tue National Guard of ihe&tutc, instead of beluga protection and the right arm 01 the state's power to ad minister its own laws, would bocome a threat to public order, and might speedily Lecouie a rabble dangerous to the public wcliaic. Zv'ot Responsible Tor the Punishment. As to the drumming out of camp, etc, the evidence is that the punishment was oidercd by General Snowden, the com manderofthe division. If there was any evidence that the defendants had, by any liiNropicseutatiou or improper influence, procured tho issuance of this order, or if there was any evidence that the order was issued by the commanding officer lor a ma licious or improper purpose, and that these dcleiidauts had a corrupt knowledge or that purpose and willingly acquiesced in and luitucriMl it, thenitwould beyourdntyto lender nverdiCt of guilty. Hut too evidence lu thisdse is that tueso officers simply re polled the tacts to their superior. Irthcieweio eviilenco that in the carry ing out ot the orders of their superior thor lino, lesortcd to unnecessary violence or criieltj, then it nonld be pioper lor the jnry to convict noon indictment which charge asMiuit and battery. Hut there is no evi dence ot that character in this case, and, llxioloic. if i he order was within the scope ot the authority ot Gcncial fcnowden and the defendants simply obeyed it, there can be no conviction upon this indictment. Upon this point we say to you that the older wns within the scope of the authority of the commanding olhccr, and that your verdict must he not guilty as to both tho ueiendants. The tame principle must iiecessaiilv lead ton verdict ot not guilty as to the defendant, burgeon William S. Grimm. Put Yourself In Their Place. Soir, gentlemen, put yourself In the place of tho offlcei s. In obedience to the orders issued, w ithin tho line of hW authority, and with perfect propriety by the Governor or tho Commonwealth, who was tho com mander m chief of the forces to which thU colonel belonged, he had assembled with his troops lor the purpose of purring dow n riots or quelling insurrection. He knew that a towi nltliin the immediate vicinity in which thofe troops wcio encamped was then, or had l-cn within a lew das. m control ot a body rf men who lecomzed no legal su periors, lie knew that many had been l illod as a lesult of thu disturbed social re 1 ition-s of that city: he knew that 11. C. Frick wah chairman ot a large manufacturing com yan.v; that that manufacturing company l.ad'nad difficulties with Its men; and you rave nothing to do with the question of whether the manufacturing company was in the ciougor the men who had been their employes. lhe evidence shows that they were in a community in which liots and homicides had distui bed the public order: i hat a town containing many thousands of people was under the control of an unautuorized or ganization which had ct aside the civil ofii cets.uid airoated to themselves the right to CPu-roiine w ho should or who should not icmani !'i tlio loun; to exeiciso censorship ovr telegrams, and do any and all things that they themselves thought moDcr. These lac.s weie known to thu officers, and It is important that thev should be borne in mind by the Jury in determining what tho motives may have been which influenced these dclcudants. Simply Healing IVith the Tacts. You simply deal with the state of facts as they wcio then known to tho officer with re gard to tho condition growing out of this trouble. He knew that this man, who was one of the parties to this very trouble, was at least reported to have been killed; ho knew that his superiors had com. manded him to exeicise girat cau tion and to be on the alert; lie knew that ho had ordered tho men to be warned: und about that time he hears this sentiment, "Ihiee cheers lor the man who shot Frick," expressed by one ot the men under his command. Was that a lcmark that tended to promote tho service in which they wero engaged! That service, leinem ber, gentlemen, was not the enabling of the Ouncffic Company to resume with new men, nor was that service the putting or the old men into the mill. It was the preservation ot public order. Was that a sentiment that tended to promote public order, or was it a sentiment that tended to further strife? This is simply with regard to its effects upon the service in .which they weie engaged. You are as capable, piobably, of judglugo: that as the officer, that is, it you knew all the lacts that the officer knew. But there s another view which the officer is Invested with a special discretion with regurd to, and that is: Did it tend to creato insubordination? Was it subveisive of dis cipline? If it was in tho judgment of the officer so, then, that is the discretion with widen he is vested to pass upon that ques tion, and if he in good laith exercised that dUcietion he is not answerable for an hon est mistake. Before vou can convict him you must be satislird beyond a reasonable do'ibt, in view of all tbe lacts and the cir cumstances, that he acted from an improper motive. A Justification for Military Kale. The civil la w is supi etne, but where a mil itary officer, commanding a large force in active service, In good faith, and as he be lieves not as youbelievc, but &g be believes for the maintenance of discipline and be cause it is necessary :or tbe inter ests of the service in which he is engazed, within the scope or his authority, and to such an extent as he honestly be lloves to be necessary , to accomplish the purpose ot reducing the man who is guilty of insubordination to obedience, or to pro ven others irom offending In like manner, 1 administers a punishment, he is justified. I was it or was it notreasonaoio in uu uw cer to decide that such a speech tended to insubordination? It was a taking part, openly expressing sympathy with one of the parties to the controversy. Was it reasonable of the officer to delermlno that that was insubordination? He then, the man having admitted this, having given his reason according to his own testimony having made no offer to retract, but seem incly, in the presence of the troops, having been willing to let it go nt that and let his speech stand, ordered him under arrest; consulted with his superior. Colonel Haw kins, who told hhn that he understood his duty as a soldier, and tho matter was re ferred to him. Thereupon the man was hanged up by the thumbs. Colonel Streator having waited several hours lor tbe return of his Captain. Discussing the Question of Malice. Of course, gentlemen, it is hot contended, or for ono moment sought to bo established by either side, that the punishment was In flicted Just at the moment tho words were spoken. The man was in custody; the Colonel consulted first with his superior officer and, it having been referred back to hlin, determined to await the return of his captain. Did this Indicate malice? Did it Indicate 111 will toward this man? You have a right further to consider, gentlemen, in making up your mind upon this point, the lormer conduct of this prose cntor. Ho had slept upou his post, or he had left his post and gone to sleep one of the two. Uis officers hnd decided that that was a proper matter for punishment, as they had a right to da They had punished him by making him carry a log; he had promised to be a good soldier, and he had been ordered to his quarter. The next day he says this thing In the presence of his comrades, which his officers decided nt the time was im proper. They had a right then to consider, in view ol his nast conduot and the punish ment that had been inflicted upon hlnv whether or not any milder pumsnment would reduce him to obedience. The Intention of the Officers. Having considered all these things, if you had been in the officers' place you might have ordered some other punishment, but if, after considering all these facts, the offi cer did order this punishment of hanging up by the thumbs and ordered tho surgeons to be present to see that no injury was in flicted upon the man unnecessarily, and tho punishment was so earned out, then jouaro not to determine whether or not you would have ordered another punishment, or whether or not some milder punishment would have auswered, but jou are to pass upon the question of whether you ai e satis fled beyond a reasonable doubt that these officers were not nctuatcd by an upright in tention to preserve the disciplino of their command and promote the inteiosts of tb,e service In which they were engaged. A .a tn IVInnilStrfi:ltor this 13 tllC OnlV matter that you have to pass upon: but, even ir you should Una colonel otreaior guilty, as to Colonel Hawkins there Is an other and lurtherquestlon. He was present upon the ground; he did not order the pun Isnment. The evidence is, as to the com munication between himstlf and Colonel btieator, that he simply told Colonel Sti e.uor that he wa's a soldier and knew his duty, aud the matter was refoned to him. Oue of the surgeons says that he spoke to biro about unending and seeing to the adminis tration of the punishmont. He wns'the com manding officer; but you must be satisfied beyond n reasonable doubt, even if you be lieve Colonel Streator guilty, that Colonel Hawkins in some way directed, aided or en couraged the infliction of tho punishment; and It you have any leasonable doubt upou that point, it is your dutyio And a verdict of not guilty as to him, even it you And Colonel Streator guilty. Considering the Grade of Offense. In case you find Colonel Stieator guilty, you will then, and not until then, proceed to consider the further question, what was the nature and extent of the Injury inflicted? Was it in fact a grievous bodily harm? This means a harm grievous to be borne in other words, an assauit aud battery in which some thing more than the oidlnaiy injury is in flicted: and where the tacts are such tnat the Jury are satisfied that unlawlnl violence has been inflicted, but ate not satisfied that the injury inflicted was grievous to be borne, then they may, in such u case, find a verdict oi"gnllty"of assault and battery. Ifyouliiidn veidict ot not gnilty as to the defendants generally, then it will bo your duty to disposed too costs upon this indictment; and unless you are satisfied, gentlemen, that these men who were acting as public officers weie in some way blum able, then you ought not to impose costs; in other words tho jury may find u dcicud ant not guilty, but may be satisfied that while not guilty ot tue offense, he was guilty of intentional impioper conduct touching that subject matter. In such nn event, it is sometimes proper for a Jury to impose costs upon a defendant, although they may acquit him. But where a defend ant is a public officer, and is simply dis charging a duty that lie honestly believed he owed to his command and to the service in which he was engaged, it is improper to Impose costs upen him, simply because tho juiy have power to do so under the act of Assembly. Gentlemen, you will give to this case your grave consideration. If Colonel btieator was the officer issuing the command lor this punishment, which is charged as an aggra vated assault and battery, at the time ho is sued his order and amid the surroundings was actuated only by an uptight motive to promote the public service and lestoie or der and maintain tho discipline of his com mand, then it is very iniDortant that he should not be found guilty. Gentlemen, the case is with you. THE SNOW FLYS. Winter Ushered in List Jfight by a Light Fall of the MeauUful. Winter made its appearance last night in its usual cold, cheerless and abrupt manner. First came a drizzling rain that sent chills shooting even to the very hearth rug. This was followed by a wind which carried no comlort to the weary traveler, and while it was blowing at a rather switt gait the beautiful commenced to descend, -for sev eral minutes snow was flying in every direction. As suddenly as they com menced the white flakes beat a retreat, giv ing place to the same kind of a rain, which introduced this winter evening. An Old Sonthslder Dead. Jacob Ott, one of the oldest and best known citizens of the Soutbside, died at his home, No. 79 South Sixteenth street, last night about 8 o'clock. He was the father of Charles and Matthew Ott, of Ott Bros., the contractors. Mr. Ott was 75 years ot age, and was an old and respected citizen of the Southside. Ue had been sick for a long time, and his death was not wholly unex pected. The luiicral will be held at the late home of the deceased on Monday morn ing. EST" Complete election returns from all part of the IT. S. tcid be publislied in Wednesday's Dis patch. Order in advance to avoid disappoint ment To Discuss the Bond Issue. A meeting will be held in Carnegie Li brary to-night to discuss the bond issue. Addresses will be made by D. T. 'Watson, James B. Scott, A. M. Marshall, John H. Iticklison and others. Working on the Schedule. Trainmaster Culp, of the Pennsylvania road, is in Harrisburg working on the winter schedule which will go into eflect in two days. Few changes, if any, will be made in the running ot through trains. Dn. B. M. Uannu Eye, ear, nose and throat diseases exclusively. Office, 720 Penn street, Pittsburg, Pa. KAUFMANNS' DECIDED TALK. Ivo Subterfuge or Ambiguity. Here is what wo say, mean and do: Bring us any suit or overcoat or a compet ing house and we will produce the same of better quality for i5 per cent leBs mono v. According to this, we willsell Other clothiers' $-0 garments for $15. Other clothiers' tIC gaiments Tor $12. Other clothiers' $12 garments lor $9. Other clotbieis" S garments for $tt. Now. then, if you want to pickyoursuit or overcoat from the best, finest and largest stock in tho city, and save 25 per cent (or mare) besides, stick to the old reliable Kacfmamhs'. Overcoat Buyers, Remember That Kaufmanns' will sell to-day for 25 per cent less money any overcoat advertised yesterday by otner houses. S5 Girls' Grctchen Coats for B3 49. They are mado of new Scotch plaids and mlxou cloths. Sizes 4 to It. Get one to-day. Kaufmaxhs'. . Overcoat Buyers, Itemcmber That Kaufmanns' will sell to-day for 25 per cent less money any overcoat advertised yesterday by other houses. ii ciPM cen, Edward Gibbs Is Now Lying in the Mercy Hospital as the Besultfof A POLITICAL ABGUMENT. William Fields, Mate of the Charles Hook, Placed Under Arrest. TOE LOGIC OF A HEAVY POKER Entered Into a Iartisan Liscnssion With lata! Meet. THE DUNG MAN'S DEPOSITION TAKEN A murder is likely to result from & polit ical argument which occurred last Tuesday night Edward Gibbs is lying on his deathbed at Mercy Hospital and William Fields, his alleged slayer, is a prisoner at Central station. Gibbs made his dying deposition yesterday. Both are rivermen. Gibbs is a native of this city and a Repub lican. Fields comes from Eochester, 2f. y., though he has lived on the river for 15 years, making this city his home, and is a Democrat. Last Tuesday night the two men got into an argument on politics at Hazel's Hotel, Xo. 72 Second avenue, where they boarded. Both had been drinkin; and their argument became so personal that & fight resulted. During the fracas Fields struck Gibbs on the head with a poker, fracturing his skull. Kept Quiet Until Death Threatened. Gibbs was put to bed at the hotel and nothing was said about the matter outide. yesterday the injured man's condition he came so serious tnat Hazel; the proprietor, found it necessary to notify the police. Gibbs was removed to the Mercy Hos pital, where it was found the skull was fractured. Erysipelas had set in. The physicians notified him he was about to die and asked how he had been injured. He told his story and the physicians notified the police of his condition. Alderman Eeilly was sent to take an ante-mortem statement. Gibbs, believing he was about to die, said, under oath, that Fields had struck him twice over the head with a poker, without cause or provocation. Ac cording to bis statement, Gibbs was sitting on a chair when tbe- assault occurred, and he gave tbe names of several persons who had witnessed the affair. He said he had known Fields for nine years and had worked on the dredgeboat, the "Western, with him ior several years. The Arrest of "William Fields. Detectives Hobinson and Coulson arrested Fields on the towboat Charles Hook at the loot of Twenty-sixth street last night. He is mate on tbe boat. No resistance was of fered. The prisoner admitted he had struck Gibbs, but said it was in self-defense. Gibbs, he said, had been imposing on him. On Tuesday night they got into an argu ment and then into a fight, during which Gibbs got Fields' thumb into his mouth and was chewing it when Fields struck him with the poker. Fields showed his thumb, slightly skinned, in evidence of his asser tion. Fields is 27 years of age. The police give him a bad reputation, and he say is known by the alias of "Dutch." He hu been a mate on various steamboats and is well known among rivermen. Gibbs is 32, a lars;e, robust fellow and physically superior to Fields. He has been a fireman on the river for 15 years. Gibbs has three brothers in this city all steel workers. Last night Gibbs wa? still living. His head is swollen up to twice its natural size and ' his eyes are completely closed. The physicians say it is only a question of hours until he expires. EsT" Our own special vires and snecial news service will raider The Dispatch election returns invaluaUe Wednesday morning. Order in ad vance to avoid disappointment MAH AND HOESE 'DEOWNED. Charles Redder Bides Into a Deadly IIolo While Towing a Flatboat. Charles Eedder, of Sliarpsburg, was drowned in the Allegheny river above Six mile Island yesterday afternoon in a pecu liar wny. Eedder was in the employ of H. J. Heinz & Co. He and another man were towing a flatboat loaded with Rand. They were on horseback. A short distance above the Government dam they irere compelled to wade their horses out into the water to avoid a sandbar The rain bad made the water muddy along the shore and they could not see a deep hole made some time ago by a dredgeboat Eedder was in the lead and his horse stumbled into the hole first The other man stopped in time to get out, bnt Eedder and his hore were both drowned. The body was recovered last night and taken to Holzheimer's undertak ing rooms in Sharpsburg. The Coroner will hold an inquest this morning. Eedder was 34 years of age. A General Tear Up. That's the slate in which our shoe depart ment is nt present. A part of the temporary partitions, put up in lieu of tho walls tors out, has just been removed, and the space heretofore devoted to ladies' shoes has been scooped and fenced in by the contractor for the purpose ot making mrther alterations. This necessitated the moving of tho ladles' shoo parlor to the children's shoe depart ment and the latter's removal to the slipper department. We are, as you see, on the con tinuous move, crowded for space on nil sides, and bclnir more and more encroached upon Ly the contractor. Under the circumstances our prosent lorccd sacrifice sale ot shoes 1V not to De wonoereu at. men's, women's ana children's shoes and slippers, all kinds and c,tf art. nnw l.lnr r1nwrl nnl:ii tmtrllt. na greatly reduced prices will sell them. In ) many instances first-class shoes are marked nt about half regular prices and less. Ko person in need of footwear should miss this gicat chance. KxcFjiAJtus'. KjkUrHAKNS'. Hundreds of Ladies Have thus far taken advantage of Kauf manns' extraordinary $1 75 salo of ladies' and misses' Jackets, and aro delighted. There are still about 1.0C0 more left, and the cheapest one in tho lot is worth $7, while the majority would not be obtainable else where below $8 and $S. The styles are the latest and most Cesirable. All sizes lor ladies and misses. Kautmakks'. 9 nnvcnniinic Henrrc llLIIUULflLLlIU, nULIIIO1 Who desire EXTRA PATCH, on account WEEK, will please send in their orders as soon as possible to insure proper attention. DO NOT LEAVE IT TO-THE LAST MOMENT. O DARKNESS ON THE MOON. I.una Veiled in ths Shnaow of the Earth Heat That Is Scarcely Tercoptible Here A Temperature That Never Bises Above tho Freezing Point. The last eclipse of the year occurred yes terday morning. It was a total eclipse of the moon, was at its middle point at 10:45 o'clock and was the last'tthat will occur until March, 1894. The eclipse was not visible here, nor in fact any part of the United States except tho extreme north west, where the beginning was seen shortly before moouset. The moon at the time of tbe eclipse was not above the horizon in Pittsburg. J'Eciipses of the moon have ceased to be of much value," said Prof. J. E. Keeler, of the Allegheny Observatory, "except for determining the heat measure ments ot that body. It takes a very delicate instrument to do this. We take the temperature just before the moon enters the shadow and then record tho vari ation until it regains its normal heat The j heat radiated by the moon to tee eartn is not perceptible, being only ten one-thousandth of a degree, Prof. Langley figured that tbe temperature of the moon never got above the freezing point. Prof. Langley also figures the sun's temperature at irom 3,000 to 30,000 centigrade and the heat radiated is 87 times greater to the square foot than that of a Bessemer furnace. "Here is a diagram which will explain why we were not able to see tho eclipse this morning. The black dot on the earth was our position during the eclipse. Of course this only shows the relative positions, it being im possible to give the actual proportionate dfctauce of the bodies. Just to show you the amount of paper that would be required to draw out a diagram to scale; suppose we ' made the sun one inch in diameter; the earth would then be 9, feet 7 inches away from the sun and the moon one-quarter of an inch away from the earth; the diameter of the earth would he one one-thousandth of an inch and that of the moon one four thousandth. So you see it is impossible to give a scaled diagram." Prof. Keeler has selected 12 drawings of Mars, out of 30 he made during the summer, to send to the Iloyal Astronomical Society of London. The arawings are excellent ex amples of most careful work and observa tion and have, what other drawings lack, the relative intensities ot the different markings. THE OLD SPIRIT SHOWING. Two Colored Men Chased by Strikers at Homestead and Stoned Deputies Laughed At Six Prominent Locked-Out Mm Go Back to Work. The first outbreak in a week at Home stead occurred yesterday. Two colored men were assaulted on Fourth avenue and narrowly escaped death. Peyton Long and 'Washington Gibbs, brought from Virginio, have been boarding at a non-union colored establishment, on Fourth avenue. They went to supper last night and started to return. Six or eight children began to taunt the men, calling them "Colored scabs" and throwing dirt at them until Gibbs turned and said: ''You little rascals, I'll warm your hides." The boy's mother took up the quarrel witn a scream that brought a uozen men and twice as many women to her assist ance. In a trice stones and other missiles were flying alter the colored men, who fled in terror. A deputy sh,erltt appeared and cried on the crowd to disperse, but he was laughed at, and the mob pressed on alter the fleeing men, but they escaped. Six ot the old men went to the mill office yesterday morning and applied for work. Three are admittedly high-priced men and arc influential in Homestead. Oi the six three were told to return to-morrow aud be given jobs in the laboring department with a guarantee that by the end of a week they would be given their old jobs. The others were told to report on Monday and resume their former posi tions. Last night the Advisory Board was trying to persuade them to stay out BUKKY MORGAN'S GE0SI Said to Dave Been Seen Around tho Car in fVhich Mulligan Was Killed. Dr. W. E. Zink, the a & P. freight agent at Steubenville, has resigned because the company failed to give him and his associates an office. "When fire destroyed the depot some time ago it was rebuilt, but no office was provided. After Blinky Mor gan and his pals killed Policemen Hoene and Hulligan at Ravenna nobody would ride in the car. The blood-stained seats were removed and the coach was side tracked at Steubenville as an office ior Dr. Zink and his clerks. It was badly crowded and the doctor stood it as long as he could. Some superstitious peoplo claim they have seen the ghost of Blinky Morgan around the car. Full of Fashion and Elegance. Ladies' Kussian coats, made ot tan, navy or black cloths, end-edged all around with seal fur. Thov're worth SU, but, being com pelled to sacrifice goods on account of the delnyed completion of our new building, ne will clo30 them out for Just $8 50. KAUFMAN33'. Of Interest to Traveling Salesmen. Crackers, light, flaky aud palatable, are far preferable to the leaden biscuit and indi gestible bread o: most hotels. All traveling men appreciate this fact to a greater extent than any other class. The time was when machine-made breadstulfs weie tough, or without taste or merit, but ciacker bakers long auo arrived at a realization of the fao: that "what the stomach craves must be irootL" Mill owners will tell you that cracker manufacturers buy a better grade of flour than does the ordinary private lainily, and produce dealers will testily that cracker luen now want the very best quality of laru, buttor and eggs oDtalnable. A cup of good toa or coffer, with n lll'jral supply ot "Iteceptlon Flakes" or JI,aglo BuHter" craclcers, will make a most gtateful meal or luncheon without the addition of other trimmings, save sweet country buttor. See that all the stores which you, visit are supplied with thccrackersmanulr.ctured by Marvin, and you can then depone', upon find-ins- something good to oat at ybur hotel or home. They cose no more than-other brands and are a great deal better. Those Ladles' SG Itoefevs for 33 75. They go like hot cakes. .Wo started with S00 yesterday and up to.i'2 o'clock wo had but 300 left To-Uay wlllJnish them. Don't miss tho chance. Theio reefers are lur trimmed and tailor mane. ICaus jianxs'. Overcoat Havers, Itemcmber TJiat Kaufmanns' 'will sell to-day for 25 per cent less money any overcoat adveitlsed yesterday by ochor houses. copies of 7 the of THE DIS election NEXT j SENT HOME TO DIE. An Aged German Couple Torn From the Arms of Their Children AND SHIPPED TO THE FATHERLAND It Was Claimed That They Ilad Violated the Immigration Laws. PEOTESTS OP A SOX AVAIL NOTHING The men in charge of the Allegheny Cen tral station witnessed a most pathetic scene last night It was in fact brutal and cruel, hut the unrelenting immigration lairs showed no mercy. Augustine Schnitzki and his wife, an aged German couple, were torn from the arms of their weeping chil dren and returned to the fatherland as paupers. The protests and tears of a son and daughter availed nothing aud the old people were taken to Baltimore to he turned over to the steamship company that had brought them here by Detective Eichenlaub. The couple were born in a email village near Berlin. They have always been poor, and had one son and three girls. Seven years ago the boy Eheinald came to Alle gheny with his sweetheart and got work in a lumber yard. They were married and managed to buy a small home and save a little money besides. Three years since the daughters came here; two were married and the youngest Is still single. A year ago the children sent for the old folks, and they rented a room in lower Allegheny for them. They contributed toward their support, but ill-luck overtook the children, and recently the old man started out to beg. He was arrested the first day as a vagrant and locked up. The case was referred to the Department of Charities, and through Consul Mai Scbamberg it was learned that Schnitzki and his wite had violated tbe immigration laws. They arrived at Balti more and passed the inspection as well-to-do Germans. It was decided to return them to Germany at the expense of the steamship company. Last night was tho time set for leaving, and the parting was most pitiful. The boy protested that he did not know his parents were to be sent back to Germany. The father is 70 . years old aud the mother 05. Bheinald said he had several hundred dol lars (he makes 510 per week) and would provide for them in the future. The daughter clung to her aged mother, and the quartet wept bitterly: The officers tore them apart, and hurried the old folks into the patrol wagon. The boy and girl wailed as their parents disappeared in the dark ness. They tried to follow, but the wagon was soon lost to view ard the children were left to bear their sorrow alone. Joseph Dallibore, a German who is un able to earn a livelihood because of chronic disabilities, was taken to Philadelphia by Inspector Eichenlaub, of the Department of Public Charities of Allegheny, last night to be delivered to the immigrant quarantine officials there. He will be sent toGermany at the expense of the steam ship company which brought him to the United State's. tz3Thc Dispatch's electric election buUetins will be flaslted every 15 seconds from The Dis patch's building Tuesday evening. A DIFFERENCE OF OPINION, Tho Second Avenue Company and the City Disagree About a Franchise. John C. Beilly, a director of the Second Avenue Electric Street Itailway Company, denies that his company has forfeited its franchise for Fourth avenue below Market street He says they have complied with all the requirements, and are not bothering over the fact that the tracks are being torn up. The rails will be laid again. Chief Bigelow says the company has for feited its rights to the track leading to the Exposition because it failed to remove the tracks for the contractor who was repaying the street. What course will be taken by. toe city uas not oeen ueciueu upon yeu TEACHERS' salaries in England by Henry Tuckley In TUE DISPATCH to-morrow. Allegheny Contracts Awarded. The Public Works Committee of Alle gheny met last night The following con tracts were let: Grading and paving a road way in rear of City Hall, to James Hast ings, Jl.OGG; constructing a lateral sewer along Liberty street from the property of Mrs. Marv Peters to French alley, to B. M. Poland, $326; lateral sewer on Tremont alley, to B. M. Poland, 52,320; lateral sewer on Cedar alley, to Sloan & Mcllvain, 5493, and for paving and curbing Shields alley, Thomas Carson, 53S0. nigh School Committee Sleets. The High School Committee of the Cen tral Board met last night The question of changing the sanitary arrangements at the High and Normal Schools, as suggested by tbe plumbing inspectors some time ago, was discussed at length, and it was decided to investigate -the matter with a view to remedying the alleged eviL Principal Wood reported an enrollment of 945 pu pils at the High School, with an average attendance of 912. SH0KT SI0RIE3 OF CITY LIFE. Mary IIoi'Air, of Craig street, was badly burned by a lamp explosion yesterday morning. She may not recover. Joseph Monocs hau his skull crushed by a crane hitting hiui in Stykes & Co.'s mill. He is a young man and lives in Ktna. . 'Word was received at tho morgue last evening that George A. llartln had died suddenly at 16 Fountain street, Alleghenv, and that he was without moaical attend ance. Ella Carlisle was yesterday fonnd at tho house of -Mrs. Boll, 1'iS Jackson street, Alle gheny. She is a daughter of C. U. Ctrllile of 222 Bedford avenue, and has been inisslug' two weeks. James MmcEE and George Turner were arrested in Zanesville yesterday charged with stealing a gold watch, two overcoats and other ai.icles from ills. Smith's board ing houso in this city. KAUFMANNS DECIDED TALK. No Subterfuge or Ambiguity. Hero is what wo say. mean and do: lirins us any suit or overcoat of a com peting house und e will piudnco the aiue of better quality for 25 per cent less money. According to this we willsell Utherclothleis' BO garments for$15. Other clothiers' $16 gnrmouts for $12. Other clothiers' $12 garments for $9. Othor clothiers' gSgaruieittsfnrSU. Now, then, if you want to pick your suit or overcont irom the best, finest and largest stock in the city, and save 25 per cone (or more) besides1, stick to the old reliuMe Kaotmah:s'. Great 03c Wrapper Sale. We placed C.OCO of them on salo last TVetlnes day und 1,150 went the first day. No won der. They aio maileot heavy ctepo cloth or flannelette, with lined unlst mid sleeve, watteau back and full front. The material alone is worth $1 75. Wo sell tho wrappor all ready for only 93;. A big manufacturer's purchase is at the bottom nt It. , KAuraAaxs' Cloak Parlous. Overcoat Buyers, Itemcmber That Kaufmanns' will sell to-day for 25 per cent less money any overcoat advertised yesterday by other houses. MURPHY TALKS BACK. Several Lively Tilts at the Hearing or the Kidnaping Case Attorney Blakely Puts Leading Questions Magistrate 31c Kelvey Reserves His Decision. The hearing of Detective Patrick J. Mur phy, charged with kidnaping Peter V. Eovnianck.editor of a Polish newspaper, ot this city, and with conspiracy, was con cluded yesterday afternoon betore Magis trate McKelvey, of Allegheny. Frank Zipe said he saw Constables Galla gher and Murphy dragging Hovnianck irom his office on Grant street and heard Bovni anck say'he wanted to go before Alderman Keilly and enter hail, but both Murphy and Gallagher told him he was wanted in Wilkesbarre to answer a charge ofcnminal libel and he had to go with them. Mike Hopper, David Hick and Julius Oswold corroborated Zipe's testimony. Murphy, in his own behalf, said Gallagher came from Wilkesbarre with a warrant tor Bovnianck's arrest, and asked him to assist in executing the warrant; that he got not a cent for his services, and na3not promised 5150, as had been alleged; that he did not hear Bovnianck say anything abont want ing bail until they got to the Union depot. He claimed that he was simply assisting Gallagher as be had often assisted brother officers. During the examination of Murphy he and Attorney Blakely had several lively tilts. The attorney asked Murphy if he had not been offered $150 for helping to get Bovnianck out of the county belore he could secure bail. This question angered Murphy, and he retorted hotly: ".Xc, sir; not 5150, nor 1 cent, and I do "not consider it gentlemanly in you to ask me that ques tion vrhen I swore positively that 1 had not" Mr. Blakely took the retort good naturedly. On cross-examination Mr.- Blakely asked Murphy if he did not know it was a crim inal offense for an officer to take a prisoner out of the county without first giving him a chance to get bail. Murphy replied that he did, but that many times the law had been violated in that respect "Yes, by you, many times," said Mr. Blakely. "Yes, and many more times by you," re torted Murphy, ansrily. Officer "William Burke testified that he had helped get the prisoner on the train at the depot and made a number of Eovni anck's friends get off the train. Magistrate McKelvey reserved his de- ORIGIV of the South Sea races dlscnssed in THE DISPATCH to-morrow. A NEW GARBAGE SYSTEM Being Considered by Chief Brown Itefuse to Be Bcmoved in Covered Carts The Furnaces Cost Too Much Cheaper to Let the "Work Out on Ccntrtict. A new garbage scheme for the entire city is being planned by Chief Brown. It has been talked over by the Chief and Mayor Gourley for some time. The first decisive step was made last Monday wheii an ordi nance was introduced authorizing the Chief to advertise for proposals for the contract of removing and disposing of all garbage, dead animal, etc There was another ordi nance providing specifications, regulations and penalties for the operation of the first. Both ordinances were in biank, only the titles being introduced, the balance being left to the Public Safety Committee, to whom the bills were referred. In 1880 a similar contract was let by the old Board of Health. Balph Itichardson was the lowest bidder, his price being a trifle less than 525, 00, but Councils failed to approve the con tract and it fell throngh. The provisions of that contract are to be included in the new ordinance. Whoever gets the contract must provide wagons with iron or wooden tanks, and during the sum mer months must remove all garbage or dead animals in the city daily. Family garbage must be kept in covered iron cans, easily accessible to the drivers ofwagous. In the winter they must be emptied only twice a week, and in the spring and fall three times a week. The Mayor says a number of other fea tures are to be added. He says garbage furnaces arc not a success operated by the city. Everything done by the city costs 50 per cent more than it should and the only way to have anything done is to let it out by contract His Honor thinks the gar bage of the whole city can be removed and disposed of for what it now costs to run one garbage furnace and ray for removing dead animals, about 5100,000 a. year. First of the Season. Nicholas Walkenbach, aged 28 years, slipped on the pavement at Fourteenth street yesterday afternoon and broke his leg. He was taken to the West Penn Hos pital. He is 28 years ot age, a carpenter, and lives in Alleghenv. After a ni:lit with tbe bnyi Yours for a clear head Bromo-Scltzer. J, K. MILLER & CO. Contract for papering churches, schools and public buildings. All Grades of Wall Paper. 543 SmitMeldSt., Pittsburg, Pa. Jyl2-TU if DEPARTilT. ORIENTAL RUGS. We have just opened the largest and choicest line of Oriental Rugs west of New York City. The prices range from io to $ioo. Parties desiring these goods will do well to call while the stock is full. ' FUR RUGS. 5,000 Fur Rugs, in all combina tions made, from $2 up to the finest manufactured. These Rugs are all odorless and guaranteed perfect. EDWARD GROETZINGER, 627 AND 629 PENN AVE. OC30-TT3SU WEDDING INVITATIONS, CALLING CAKUS. FINE STATIONERY. W. V. DERM ITT & CO., Engravers, Printers, Stationers, Law Blank Publishers, 107 Grant street and S3 Sixth nvenne. 1 TTSU NEW ADVEKlHEMENTS. Tne Leading . Flttsbnrcr, Piu, Dry Goods House. Saturday, Nov.5,133X jos, hie & co.'s PENN AVE. STORES. 'S GOODS DEPARTMENT OPEN SATURDAY EVENINGS Until 9 O'clock. A splendid time for men to do their buying from this unequaled stock. Men's Neckwear: Do you realize what it means to buy from a stock that contains the best shapes and styles from 3 of the leading London makers and twice as many Americans ? Where can you get equal advantages as to variety for selection or values? Not even the leading retail furnishers of New York import as many different lines as we do. Our neckwear trade is enor mous and constantly growing. We stand away up at the head. ' Prices from 50c to $2.50. 'Styles, Tecks, Puffs, Bows, Ties, Ascots and A-in-X's. Men's Underwear: You ought to wear the right weight and the right kind of Underwear. Consider the kinds first. The most reliable and famous makers in the world ought to know how to make kinds right. We have full lines, from the foremost makers of our own and foreign countries. We have only the kinds that have stood the test and proved perfect. You don't have to pay a cent more for the best. Seasons and circumstances regulate the weights. We have seen to it that the prices are the lowest possible. Special values: Gray Merino Shirts and Drawers at 50c per garment. Natural Wool Shirts and Drawers at 65c, $1 and 1.25 per garment. Heavy Ribbed Brown Merino Shirts and Drawers at $ 1.25 per garment. Our special feature, however, is fine to superfine quality of Under wear, of which wc carry full assort ment of several of the best and best- 1 known makes ia the world. Men's Half Hose: When you see "Stag's head" brand on Hosiery you can rely on the qual ity every time. This is our own brand and covers the medium quali ties, and is on the best Hosiery in the world. We have other good lines, too, including all qualities, be ginning with the good Merino, Wool and Cotton at 25c and going up to the finest Hosiery made. Men's White Shirts: Have you ever seen Shirts at the prices equal to the "Stag's Head?" We haven't. Stags Head White Shirts: "Unlaundered," gi.oo; "Laundered," Si.oo; "Short Bosom," $1.00; "Xtra Fine," $1.50. They combine every shirt improve ment calculated to produce comfort and service. MBA'S GLOVES, Full SDSPENDERS, Dress HOUSE COATS, Furnishings BATH ROBES, A UMBRELLAS, Specialty. MACINTOSHES. JOS. HORNE & CO., 609-621 PENN AVE. no5 Boys' Hard-Wear Cotton Hose, all sizes, 25 cents. Misses' Ribbed Hose, cashmero feet, 25 cents. Children's Cashmere Hose, 25c Ladies' Extra Ribbed or Plain All Wool Hose, 25c. Ladies' Fast Black Fleeced, 25c Children's Wool Hosiery, special values in lines from 30c to 75c. Ladies' Plain or Ribbed Cashmere, 50c, 65c, 70c, 90c and $i. Cashmere Gloves, Plain or Gaunt let Tops, in dress colors. One case Ladies' Cream Vests, 50c value at 40c. One case Egyptian Cotton Ribbed Vests at 45 c. Ladies' Underwear in very desir able grades of goods. Natural White and Camel's Hair, 50c to J2.50. Children's Plain and Ribbed, 25c to Si. Merino and Wool Wrappers for In fants and Children. Underwear for Men, first-class values in the lines carried from 50c to $2.0. BIBER &. EAST0N, M5 ND OOfr MAEICKT 31 . . . . no3.Trssa :MJfriifffrTifP:f'ii
Significant historical Pennsylvania newspapers