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SCHANTON. PA.. F1UDAY MORNING. DECEMBER 2. 1898.
THV PAGE'S.
TWO CENTS,
TWO CENTS.
THA PAGES.
a
3
QUAYS WILL
STAND TRIAL
All Demurrers Are Over
ruled by Judge
Finletter.
DECEMBER 12 THE DATE
The Defendants Were not In Court.
District Attorney Graham, Whose
Term of Office Expires This Month,
Is Anxious to Prosecute tho Cases
and Asked tho Court to Pix ns
Early a Date as Possible.
Philadelphia, Dec. 1. United Stntes
Senator Quay, his son, Richard R. Quay,
and ex-State Treasurer Henjamln J.
Haywood will have to stand trial In the
criminal court o this city on the
charges of conspiracy and Illegal una
of state funds on deposit in the
wrecked People's bank.
The demurrers recently filed by tho
defense to the live Indictments con
taining these chances were overruled
today by Judge Flnletteiywho thus sus
tained the Indictments. The defend
ants were not In court, but their coun
sel entered formal pleas of not sullty
and Monday, Dec. 11', was fixed for tho
beginning of the trial.
The proceedings' were brief. Judge
Finletter came Into court and an
nounced that tlie demurrers to four of
the Indictments had been overruled and
the motion to quash the llftii denied,
the defendants lielnfr Riven leave to
plead. He also handed down a lengthy
v lltten opinion giving the reasons for
the decision, but It was placed on file
v Ithout a reading.
Itufus K. Shaploy, of counsel for the
defense, promptly stated that the de
fendants entered a plea of not guilty.
Then followed a discussion concern
lug the date of trial.
District Attorney Graham, -whose
term of edllor expires this month, is
anxious to prosecute the cases and he
asked the court to fix as early a day
as possible, saying that the common
won III) was ready to proceed nt once.
Mi Shapely said It was not usual for
a judge to Ilx a day at the beginning
of a new term for the trial of a case
which would come before another
Judge, ns it could not be known whether
It would suit the convenience of the
nci bulge or not.
Hsldes, .Mr. Shields, his colleague,
has cases In other courts next week
nnd the defense wanted to have the
books in the Quay case examined by
experts before tho trial. He suggested
that next Monday week be selected.
.Mr. Grnhnin objected to this, but the
Judge said he would like to accom
modate Mr. Shields, and us the latter
would be engaged next Monday, ne
Would llx Tuesday for the ttial. This
was unsatisfactory to Lawyer Shields.
wlio said his other cases would not
be finished in one day.
Till-: COURT OBDURATE.
The court was, for the time, obdur
ate, and, with the remark that unusual
Importance or dignity would not be
given the Quay case, announced that
It would have to go on trial next Tues
day, Later In the day, however, there was
a side conference nt which tho Judge
was prevailed upon to put off the trial
until Dec. 12, on account of tho other
engagements of Lawyer Shields.
Judge Finletter's opinion opens with
this general statement:
All of the questions raised by these de
murrers and the motion to quash could
huve boon .is fully raised upon motion In
uriest of Judgment after a trial upon tho
merits Such .notions scro no good pur
peso Tlicy piolong tho anxieties of tho
Innocent, and tlu-y permit no guilty man
to escape. They do not prevent tho com
monwealth from submitting other bills
Iroo of the errors complained about. Their
only effect Is to postiono and delay n
Hunt disposition of a case.
Whilst the rlulit of defendants to use.
thc:,e methods of obstruction and delav
may not be questioned, they are regarded
by the coin t with disfavor.
The commonwealth the people hat a
right especially In communities like this,
to speedy determination of criminal cases,
and the speedy punishment of criminals
Tlii- public good requires it and tho In
terests of the innocent defendant dctnun.l
It It is ncccfSuiry for tho protection of
tin Individual citizen, in his lite, his
person, and his property.
In considering legal questions it should
never lose sight of the point at issue.
puhposl. of demurrers.
Then ho discusses the purposes of
demurrers, nnd, taking up the indict
ments, cites acts of assembly recit
ing the duties and powers of bank
cashiers.
The demurrers, ho says, admit all the
facts of the Indictments, and by these
admissions establish that the defen
dants have consplrated with Cashier
Hopkins as charged.
Continuing tho court says:
It mcsi be conceded that tho acts of
J SSI and Imi nu.ko it a crime for u easliler
oi any bank to directly or Indirectly en
gage in the purchubo and salo of stocks.
It Is argued that these acts apply, un
der the decisions, to banks of Issuo only.
There ia no ueh limitation in tho nets
themselves, which forbid tho cashier of
"any bunk" to do tho acts complained of,
nnd It is sufficient to plead In the words
of tho act. if the decision limit tlieso
statutes to banks of Issue, the question
whether or not tho People's bank Is a
bank of Issue, can be raised at I ho trial.
It Is n question of evidence, not of plead
ing. It Is undoubtedly tnie, as argued by
coimseV. that Mr. Quay had n right to
borrow money from the l'eoplo's Imnk.
Hut the conspiracy charged Is "to uso un
lawfully money, tho property of the i'co.
nlos' bank for tho gain, benefit and ad
vantage of tho said Matthew S. Quay."
It nowhere appears in the record or In
tho demurrer or in tho argument that Mr.
Hopkins had tho legal custody of the
money; nor does It appear that Mr. Quay
knew or had reason to bcllevo that Hop
kin had tho legal custody of tho money.
To appreciate tho property of the bank
without its consent, the court says. Is a
conKplrney, but this Is a question of evi
dence for the commonwealth to establish
or tho defendant to exptnla and show rliat
It was a loan from tho hank.
CHAIiaK OF INDICTMENTS.
Tho opinion proceeds:
Tho Indictments charge that the de
fendants unlawfully and falsely did com
bine and agree together by malicious
means to use, and did use, to mako prof
it, lurco sums of the. public money of
tho commonwealth. Tho demurrersi ad
mit all of tlieso facts to he true, but con
tend that they violate no law.
These arc three distinct violations of
tho law. It Is contended by tho defend
ants that, when the money was deposited
In tho l'eoplo's bank It ceased to be pub
lic money, nnd thercforo there could bo
no conspiracy to use public money. If
It bo conceded that It ceased to bo pub
lic money, It Is not apparent how this
can mako the Indictment defective: or
make the acts of the defendants lawful,
which were before unlawful and a crim
inal conspiracy.
A conspiracy to stool or appropriate, ot
to uso for private gain tho public money
Is fruitless so long as it Is In the ticasury;
or so long as It Is under the control of
the treasurer. Its removal from the nous,
ury und from tho control of the treasurer
Is necessary for the success of tho con
spiracy. Depositing the money In bank
ns a deposit may bo the crowning net of
tho conspiracy, which makes It success
ful. It may be the means by which tho
crlmn was committed, the means by
which the public money was used Tor
prlvato gain nnd for purposes not auth
orized by law.
It Is true that r.s between bunk and de
nosltor the tironerty In money deposited
passes to the bank, and from depositor
upon deposit made, but as respects parties
to a criminal conspiracy who use the law
ful transaction of a deposit as a means
to crime, their ciimlnal Intent will follow
the money deposited and their trend
taint an otherwise lawful act. liesides,
the conspiracy may be complete whllo
tho money Is In the treasury, and Us
transfe'.' by deposit can then have no ef
fect to legalize the rout piracy.
It surely will not be sctlously contend
ed that if tho treasurer conspires with
others to conveit in their own use tho
public money for private gain; nnd they
employ every means to do so: and that
every element of n conspiracy Is com
plete) up to the time of deposit in a banlc:
that tho deposit annihilates the conspir
acy and makes tho unlawful acts lawful
and prevents tho punishment of a com
pleted, successful conspiracy.
CONSPIRACY CHAItOCD.
Bill 331 charges a cons-phacy with the
various treasurers since lSss. It, how
ever, also chaises a conspiracy with
Treasurer 1 lay wood, and Is, therefor",
good as against him. and the other de
fendants. So far as tho ullior treasurers
aro concerned, It is a matter of evidence.
Tho court has no authority to declare
upon a demurrer that a charge Is Impos
sible as argued by defendants' counsel.
It might very well be that a conspiracy
was entered Into In 1SS to continuously
use tho public money, which was com
pleted In IK'S.-
It Is argued that the means by which
the conspiracy was commuted must be
pleaded. Not so, however. In indictment
charging an unexecuted conspiracy as !n
ono of the courts here; for the conspir
acy may have gono no farther than tho
merci combination. And not so In exe
cuted conspiracies, where the uula wt til
act complained of I in the end accom
plished by the confederates and the law
fulness of the means Is not questlonoil.
Vhero tho acts complained of aro tho
unlawful object of the "onsiiiraey. and
have been accomplished It Is sulllclent lo
piead them as accomplished.
A motion to quash bill ,!.!2 lias been
made, but It has not been seriously ar
gued, and no substantial reason lias been
given to sustain the motion. The bill
meets alt tho requirements laid down by
Judge llregy; and It Is In accordance with
tho practice of tills couit from time im
memorial. Judge Allison simply announced what
was the practice and law, and what they
had always been, when he said: 'The
returns in the case of Morten et nl.,
charge conspiracy, end state tho overt
acts committed in pursuance of the con
spiracy: these overt acts aro in them
selves crimes for which one mav bo In
dicted; such as embezzlement, fraudu
lently making and uttering written In
struments, etc. In a bill charging coil
splracy alone these might have boon sot
out In separate counts as tho ovett acts
of the defendants ill the execution of n
conspiracy, and if they could bo pleaded
In that form they may be separately
made the subiect of distinct bills of In
dictment. Tile motion to quash Is denied.
Tho demurrers are overruled, with leavo
to plead.
FIRE THIS MORNING,
House on Phelps Street Partly
Burned Narrow Escape.
This morning at 3.30 o'clock lire broke
out in a two-story dwelling house on
Phelps street, near 'Washington nve
nue, owned nnd occupied by James
Moloney. Tho fire started from a hot
air Hue.
Tho occupants, Mr. Mnloney, his wife
and two children, had a very narrow
escape with their lives. The damage
will amount to about $500.
REJOICING IN CUBA.
The Tobacco Industvy Will Be Re
vived. Havana, Dec. 1. A cable message
received here yesterday by the princi
pal tobacco and cigar exporting firm
In Cuba announces, on the authority
of Senor Luis Marx, special commis
sioner of the Cuban tobacco manufact
urers at Washington, that the United
States government will place a prohib
itive Importing duty on leaf tobacco
Imported Into the Island of $5 on leaf
tobacco, and $4.50, plus 25 per cent., on
cigars. Tho export duties nre to re
main as heretofore, $0.30 per hundred
kilos on leaf tobacco and $1.35 per
thousand on cigars.
Although hopes have been entertain
ed that export duties would bo abolish
ed entirely, the announcement that
prohibitive duties will be placed on to-
bacco Imported Into tho island has
been received with Jubllintlon by tho
manufacturers and exporters as guar
anteeing the survival and development
of the tobacco Industry In Culm, which
otherwise would have been threatened
with extinction,
Two Children Killed.
Washington, Dec. 1. A train on tho
Baltimore and Ohio railroad, near Ivy
City, Mel., today struck a carriage in
which wero four children on their way to
school, causing tho Instant death of Fan
nie Hell Harris nnd James Gray, two of
tho children, and severely Injuring a, boy
named McDonough, who was driving.
m
City Government Conference.
Indianapolis, Dec. 1. Tho second day's
session of tho conference lor good city
government was held thts morning at the
Commercial club assembly rooms. The
session was devoted tu tho consideration
of the gcno'al problem of municipal government-
LOSS FROM THE
COAST STORMS
PROBABLY ONE HUNDRED AND
FIFTY HAVE PERISHED.
Property Destroyed Is Valued at
510,000 Fragments of Vessels
Continue to Float In with the Tide,
Accompanied by the Ghastly Bodies
of the Victims of the Wrecks Tho
Life Savers Constantly at Work.
Provlncctown, Mass., Dec. 1. Anoth
er clay has passed, and the mystery of
the steamer Portland wreck has not
been given up by tho sea. It was a
duy of constant watching of more thnn
thirty miles of const line, and the sea
grudgingly held Its victims, yielding
only live. Twenty-one bodies have
been lecovercd out of the entire pas
se nicer and crew list, the oxne t number
of which Is still unknown. The num
ber of people- who went to their death
on the Portland will never be known,
but almost hourly poisons are reported
missing from the different places In
New England, until now it seems prob
able that the number was over 100
Of the bodies recovered hereabouts
thirteen have been identlded and eight
remain to be named.
Province-town, Mass., Dec. 1. An at
tempt to llx the ilnunolal loss of Sun
day's storm in and around Province
town and Including the steamer Port
land wreck was made today by several
men who have large Interests In coast
wise shipping. The tabulations reached
wen as follows:
Lives lost (probably). IfiO; loss of
porperty on land, JlO.noo; loss of ma
rine property, not Including steamer
Portland, JliO.OOO; the Portland. $2."0,
000; loss In money and effects of pas
sengers and sailors, $.".0,000. Total,
$.-.10,000.
The Boptou fishing schooner Ruth M.
Martin arrived here this morning and
was beached. Tin- crew were saved,
one man, however, being badly hint.
The vessel Is breaking up.
A schooner supposed to be the Grace
of Calais, Me., Is ashore two miles
southwest of Wood End life-saving
station with ninsts gone, cabin gutted
and no t-'lgns of life. It Is believed her
crew has perished.
Fragments of a huge vessel, piob
nbly of COO tons, drifted ashore, west
northwest, yesterday off Wood (End. A
large piece of an entirely different kind
of vessel Hoated ashore shortly after.
At Peaked hill station, u quarter
bourd, beating the name of "King
Philip," was picked up. It Is no doubt
that, of the big four-master King
Phllli), owned at Taiiton, Muss.
Another body from the schooner
Island City has been washed ashore at
Cottage City.
A seaman from the schooner Abblo
Sawyer is at a' house near tin wreck.
He says Mate Dudley and two other
seamen of the Sawyer were also saved.
The schooner Christina Moore, Cap
tain Smith, from Hoboken, N. J., for
Yarmouth. N. S.. with a cargo of coal,
which dragged her anchors and sprung
a leak, has-i filled with water and is In
a bad condition.
Great masses of wreckage have been
coming ashore on the Inside of Capo
Cod since Sunday. A piece of a vs-
sel marked "Emma . Philadelphia,"
wit a tonnage of l.COu came ashore at
Sandy Neck, near F!arntnbli light and
last night three bodies were found
near there on the beach.
Much of the wreckage appears to be
that of fishing schooners. A member
of the lief saving crew at Gay Head,
reports that on Sunday morning the
steamers Queen Hester, VI via. and
Clara C. linker went to pieces on the
rocks off tiny Head, where the City of
Columbus perished some years ugo.
IlEUOICLIFE CHEW.
The life saving station crew during
IS hours of unceasing and unbroken
efforts succeeded In launching their
surf boats for ten trips to vessels and
succeeded In rescuing It) men of tho
crews.
Several, however, perished before as
sistance could reach them. A man
from Gay Head could not give the
names of the saved or lost.
On Saturday night in the fiercest of
the storm tho flay Head life saving
patrol saw tho Hash of a torch In tho
direction of Dog Fish bar. As quickly
as possible Captain Hayman mustered
his crew and In a few minutes a life
boat and all the apparatus necessary,
drawn by a yoke of oxen, was on Its
way to the nearest point In the bar,
which was two and ono half miles
from the station.
It was II o'clock before the men
reached the position they sought. They
were too late. When they came to tho
bench wreckage from the vessel was
coming nshore, giving evidence that
she had gone to pieces. A fragment
showed that the vessel had been the
schooner Clar Leavitt. Later, cling
ing to a broken plank, ono man was
driven In and rescued from the waves.
He wns carried to the station.
While tho life-savers were peering
Into the storm In an effort to discover
another possible survivor, another sig
nal torch was seen from n vessel which
was at that moment almost upon the
bar. The next instant she struck, but
went on In a position a little less) ex
posed to the furv of the waves and
she did not go to pieces. An nttempt
was made to launch the life-boat, but
It was swept back like a chip.
It was then decided to try shooting
a line to the wreck, but this could not
be done until daylight. With the first
appearanco of dawn the gun carriage
was drawn up for service.
Seven men could be seen clinging to
the tigging of tho vessel. The lino was
nhot townrd the schooner, but It fell
short. Tho attempt was twelve times
repeuted without success. Meanwhllo
the wind had shifted more to tho north
erly and wns colder and the snow hod
turned to hall.
Spurred by tho sight of tho men In
the rigging and the Increasing sever
ity of tho storm, another trial of the
surf boat was made. The craft was
tossed back on tho beach. Seven times
the boat wan luunched and the most
persistent efforts of the crew to breast
the waves were of no avail. On thp
eighth trial, however, success came.and
under tho tremendous strokes of the
men the boat was driven from wave to
wave till she reached the vessel. One
seaman had perished, but the captain,
mate and four sailors, who were barely
alive, were rescued and taken to tho
station. Tho vessel was tho Amelia O.
Ireland.
Several other members of tho life
saving crew were more or less sub
jected to danger while engaged In their
attempt at rescue .
i '
SHAFTER ANNOYED.
But He Declines to Answer Admiral
Sampson,
New York, Dec. 1. General W. II.
Shatter wus today shown a copy of
Admiral Sampson's report on the op
erations of the United States lleet at
Santiago after the destruction of the
Spnnlsh squadron, In which the admir
al denounced us false the suggestion
which he attributed to General Shatter,
that the navy was unwilling to co-operate
in forcing an entrance to the har
bor anil intimated that the services of
the navy were not properly recognized
by the commander of the land forces.
General Shatter did not conceal the
fact that Admiral Samosonfs criti
cisms annoyed him grntly, but he de
clined to go Into any extended reply to
them.
"This controversy ns been fought ov
er before," he said. "The records
speak for themselves. My letters and
despatches to Admiral Sampson as
given In his report tell the story. I
have nothing to add to them."
SUNSET LIMITED
HADLY WRECKED
Engine Tumbles Down an Embank
mentMiraculous Escape of Pass
engers and Crew.
denning. La., Dec. 1. The Sunset
Limited Trans-Continental train of the
Southern Pacific was badly wrecked
this afternoon two miles west of Jen
nings. Tho train was running sixty
miles un hour at the time of the acci
dent. An axle on the locomotive gave
way, the pony trucks left the rails and
run .100 feet on tin ties. The eiiglneeer
reversed hl engine but could not clop
the train, which was under full speed.
The engine dually left the track en
tirely and plunged down an embank
ment, the forward end dropping and
"the engine turning completely over,
when It lies on its U-rt side, half sub
merged in water and mud.
It was miraculous that there wns no
loss of life. Engineer W. 12. Ragsdall.
of Houston, was caught In the cab and
bis left foot smashed.
Fireman F. H. Hootli, of Houston,
had his bach ntiel shoulder severely
sprained.
Conductor Rl'linrd Qunltrough, of
Houston, had his spine seriously in
jured, and Chief Air Constructor Cox,
of Houston, was caught in the engine,
an which he was riding, and probably
fatally Injured internally.
The first three cars left the tracks,
junippd from the tracks and lies partly
clown the embankment. The limited
curried 43 passengers, none of whom
wen injured.
STATE TAX CASES.
Flftv-Nine Disposed of Before
Judges Simonton and McPherson.
Harrlsburg, Dec. 1. This afternoon
llfty nine more state tax cases were
disposed of before Judges Simonton
and McPherson. Attorney General
McCormlck stated that owing to the
absence of affidavits in a number of
cases considerable delay has been
caused and that It was bis wish that
nothing further bo done until other
adjustments aro made. Ho ulso said
that there would bo about twenty-five
cases for argument and his request was
that these, with other cases, be ar
gued during the week of Dec. 12.
A case involving the lights of Clay
ton McMlchacl, city treasurer, of Phil
adelphia, to receive commissions upon
amounts collected by him for the state
was heard today. Certain commissions
art allowed to the treasurers of all
other counties in the state, but under
the act of June C, 1803, they were tnken
away from tho treasurer of each coun
ty co-extensive with the city, Phila
delphia being the only county of that
kind. The court took the papers and
reserved Its opinion.
CABINET MEETING.
Queen Regent Presides nt Sessions
Yesterday at Madrid.
Madrid, Dec. 1. A long cabinet meet
ing, at which tho queen regent presided,
was hcM today, anil a reply framed to
Scaur Montero Hlos, president of tho
Spanish pence, commission, relative to a
number of points In the treaty of peace
upon which ho bad requested instructions.
The prcml.T, Senor Sagasta, after tho
council, said: "Tomorrow's meeting of
the. commissioners will not bo tho last."
Tho minister of the interior, Senor Cap
depon, announced that thero wero sever
al domlcilllary visits at Harcclona yet,
but that otherwise tho country was ab
solutely quiet.
White Citizens Condemned.
Philadelphia, Dec. 1. At a mass meet
lug of colored citizens tonight at the
Academy of Music resolutions wero adopt
ed condemning the action of white citi
zens on tho occasion of tho recent, raco
riots in the Carollnas. and calling upon
President McKlnley and congiess to en
act laws preventing a repetition of tho
acts. Tho meeting was addressed by a
number of prominent white and colored
citizens.
Public Debt Statement.
Washington, Dee. 1. The monthly state
ment of tho public debt shows that at
tho closo of business ytslerday the debt,
less cash In tho treasury, amounted to
$1.127. 17:1,487, which Is nn Incieaso over last
month of $16,000,503. This Inoreaso Is ac
counted for by u decrease of nearly $S,
000,000 In tho cash on handand an lsauo
of about tho same amount of bonds which
has been paid for In preceding months.
i m
Steamship Arrivals.
New York, Dec. I. Arrived: Lahu, Pro-
men. Liverpool Arrived: Germanic, New
York. Queenstown Sailed: Majestic, New
York. Bremen Ai rived: Trave, New-
York. Genoa Sallcdiivaiser wnneim it,
New York.
Havana Explosion.
Havana. Dec. 1. The death list of vic
tims of tho recent powder explosion on
tho Avenue do la. Infanta had rcuched ft!
today.
i
Killed by a Blast.
Wilkes-Uarro, Dec. 1. Prank Welelaw,
a miner, was killed by a blast In a Ply
mouth colliery today.
THE FILIPINOS
NOT SATISFIED
NOT DISPOSED TO ACCEPT RE
SULT OF PARIS.
Alleged Decision Not to Recognlzo
Spain's Cession Assertion That
70,000 Troops Will Be Necessary
to Put Down tho Rebels Inde
pendent Party at Manila Llablo to
Make Trouble.
Manila, Dec. 1. The Independent
parly of the Philippines Is not disposed
to accept the result of the delibera
tions of the peace commissioners at
Paris, judging from tho tone of the
press. The lndepcndencla publishes a
particularly bombastic leading article
to the effect that the Filipinos will "de
cline to permit their homes to be
bought and sold like merchandise,"
It then repeats than the Filipinos nre
ready to light In defense of their rights
and asserts that the government and
people are unanimous In claiming noth
ing less than Independence. The paper
also claims that the Filipinos have ln
contestlble claims upon the Island of
Luzon, part of the Vlsayas Islands
and the Island of Mindanao by right of
conquest. It concedes that the Amor
cans helped the insurgents "Indirectly
by blockading Manila." Hut the Inde
pendence claims tat even without help
tho revolutionists must have ultimately
won.
Finally the Independence holds that
Spain cannot cede the Philippine arch
ipelago "because It was never hers."
Two companies of Pennsylvnnlnns
have been transferred to Corregldor Isl
and. With the exception of a battalion of
the nshingtou regiment, the new
troops have not been landed.
It is asserted that the United States
will require 70,000 troop to put down
the rebellion, and It Is alleged that the
insurgents hold 10,000 Spanish prison
ers whom they will force to serve
against the Americans.
An oflkial dispatch from General
Rlos, the Spanish commander nt Ho
llo, Island of Panay, Philippine islands,
says, the Spanish troops there have
made a. successful sortie against the
enemy, Indicting heavy losses upon the
insurgents.
The Insurrection, It Is added, Is
spreading In the Vlsayas, and It Is as
serted that the movement Is not direct
ed against the Spaniards but against
tlie Americans.
The premier, Senor Suganta, denies
the report that General Hlos Is nego
tiating with the Insurgents for the sur
render of Iloilo to them.
THEATER BURNED.
The Academy of Music, the Oldest
House of Entertainment in Roches
ter, Is Destroyed.
Itochester, N. Y., Dec. 2. At 1.30
o'clock this morning lire was discovered
in the Academy of Music, for many
years leased and managed by II. 11.
Jacobs und the oldest theater In Ro
chester. At this hour the theater is
doomed and Reynold's Arcade, an Im
mense business block covering more
than an acre of ground, Is almost cer
tain to go up In smoke. The building
adjoining the theateron Mill street will
almost certainly bo lost.
The melodrama "The Wheel of For
tune" is playing this week at the Acad
emy of Music. All Its effects will bo
lost. The theater was formerly known
as Corinthian hall and la valued nt
$50,000.
FRENCH COURT RULES.
Secret Examination of Accused Is
Abolished.
Paris, Dec. 1, Tho senate this after
noon adopted the motion of M. Con
stans, placing court-martial under tho
operation of tho law of 1S9", which
abolishes the secret examination of ac
cuhjcI persons prior to ttlal.
Legal opinion leads to the view that
M. Dupuy, the premier, was mistaken
yesterday in declaring that the court
of cassation hod power to delay tho
Plcquart court-martial, and it was on
the theorv that the premier had erred
that M. Waldeck-Rosseuu Introduced
his bill.
The conversion of M. Herve, editor
of Lo Solell, the Royalist organ, to tho
Plcquurt cause today caused a great
sensation.
The Willard Memorial.
Chicago, Dec. 1. The Templo trustees
this afternoon finished a two days' me;t-
iug, at which it was decided to ralno
money and purchase outstanding stock
and bonds, and mnko tho Templo a me
morial to Frances 15. Willard. Tho funds
aro to bo raised by 'Willard Memorial
circles," membership therein to be ac
quired by subscription to tho appeal and
an nnnual feo of $1 for each member.
Governor Tanner Indicted.
Carllnsvllle, III., Dec. 1. Governor Jonn
II. Tanner and llfty-threo others wero
indicted by tho grand Jury In connection
with tho Vlrden riots. Tho governor is
charged with ommlsslon of duty nnd mal
feasance In office, and the others with
manslaughter and riot. Tho complainants
aro employees of the Chlcago-Vlrdcn Coal
company.
Margaret Cody Testifies.
Albany, N. Y., Dec. 1. Mrs. Margaret
Cody, charged with blackmuillng the heirs
of the Jay Gould estate, testified In hex
own behalf today. She denied any Inten
tion to blackmail, and snld she acted in
tho Interests of her clients, Mrs. Angel,
and others.
Village Belle Lost.
Havana. Dec. 1. Tho IJritlsh Bteamnr
Villago Hello, hailed from Montrgo Hay,
Jamaica, and bound from Cayo AntllUi
for Grand Cayman, was lost at sea. Her
skipper, four members of her crow and
tlueo passengers wero drowned.
Cattle King Captured,
Kansas City, Mo., Dec. 1. It was ru
mored at tho stock yards this afternoon
that Grant C. Uillutt, the absconding
Kansas cattlo king, had been captured In
Mexico, and JIOO.Ojij in cash recovered.
Tho report Is generally discredited.
TIIE NEWS THIS MORNING
Wcatber ladlcatlona Todayt
Pair: Variable Winds,
1 General Senator Quay Must Stand
Trial.
Obstaclo In the Way of an Early Selec
tion of Peace Negotiations.
Filipinos Aro Dissatisfied.
Fatalities of tho Big Storm.
2 General Iteport of tho State Bureau
of Hallways.
Financial and Commercial.
2 Local Soft Coal Measure Delayed In
Councils.
Another Coal Operation,
4 Editorial.
Comment of tho Press.
C Travel In tho Flowery Kingdom.
0 Local Professor DeMoltc's Brilliant
Lecture.
Condition of tho Steel Hall Trade.
Reception at tho Columbia Fire Quar
ters. 7 Local Noon Wedding In St. Luke's.
Coming Election Creates Much In
terest. 8 Local West Kcranton and Suburban.
D News Hound About Seranton.
10 General Mustering Out Humors In tho
Thirteenth.
Flag liaising In Porto Rico. .
GENERAL WAGNER'S CASE
Gives His Version of the Breeze
Created In tho Vicinity of Soldiers'
and Sailors' Home at Erie.
Philadelphia, Dec. 1. In discussing
tho petition presented to Governor
Hastings yesterday by State Senator
Gibson on behalf of the Inmates of the
Soldiers' and Sailors' home nt Krie, Pa.,
In which the charge is made that a
largo proportion of their pension money
Is taken nnd turned over to the state
board of trustees, General Louis Wag
ner, treasurer of the board, said to
day: "Some ono is trying to create a moun
tain out of a mole hill. This Is an old
story, and, like everything else of the
kind. It has1 two sides. As treasurer
of the board I act under Its Instruc
tions, and it has been the custom for
years to take the pension moncv of
each Inmate over and above i a month
and deposit it to the credit of the treas
ury In banks, receiving 2 per cent, in
terest thereon. Tills plan has been ap
proved by the courts of Erie county,
and also by tho Supreme court of the
state. As, however, a petition of al
leged grievances has been presented, I
Intend to suggest to tin governor, who
Is president of the board, that he shall
call a meeting of that body some time
next week In this city, and that not
only shall the otlltials of the home, the
solicitor of Erie county, und Senator
Gibson, be Invited, but that invitations
shall also be extended to the news
papers to have their representatives1
present.
"We have nothing to keep quiet, and
my purpose is to hnve the ofllclala oC
the home, as well as those of tho board,
to make their reports em the matters In
question, so Hint all can hear and
know. If there Is any ventilation to be
made of the affairs of the home, that
should afford the opportunity."
Continuing. General Wagner said:
"Several years ago an Inmate of the
home who had paid the money to the
authorities, according to the rule of the
board, left the institution nnd brought
suit to recover the amount paid In.
The verdict of the court was In favor
of the home. The ca.se was afterwards
taken to the Supreme court, and the
action of the lower court was sus
tained, s
"Wo use the money for the purpose
of extending relief In cases where In
mates have dependent relatives, but
there are cases where relatives are not
dependent. The state is supporting the
veterans, but we can see no reason for
turning tho money referred to over to
tho sons who are capable of earning
their own living. Ail the soldiers'
homes In the country are conducted In
tho same way."
Harrlsburg. Dee. 1. Governor Hast
ings referred today to tho board of
managers of the Krie Soldiers' and
Sailors' home the petition from the In
mates presented to him yestcrdav at
Philadelphia by State Senator Gibson,
with the request that a careful Inves
tigation be made und a speedy decision
rendered.
FIREBUG CAUGHT,
Miscreant Arrested in Act of Start
ing a Blaze in Wanamaker's.
Philadelphia, Dec. 1. The timely dis
covery by a special officer of a mis
creant In the act of starting a lire in
tho basement of John Wanamaker's
extenslvo department store, this nfter
noon, no doubt saved a serious confla
gration and possibly the lives of many
persons.
Tho store covers an entire block and
has live sales lloors and the building
was at the time crowded with thous
ands of shoppers and employes, ubout
00 per cent, of whom were women.
Flames were seen to suddenly spring
from a pile of wicker baskets nnd at
the same moment nn ortlcer seized a
man who was stooping over the bas
kets hi the act of striking a second
match. Tho llro was quickly extin
guished and few of those in the build
ing knew of their danger. Tho man
who gave his name as Michael Mor
gan was locked up In default o $2,000
ball. Two boxes of matches and a
bottle of turpentine wero found In his
pockets. Morgan said he had no home.
Solicitor Shot Dead.
San Francisco, Dec. 1. C. M. Mnntoll,
said to bo a solicitor for tho Medical
board, was bhot dead this evening nt his
homo In Alameda, by a young woman,
who claims to bo his wife. Tho mur
deress then turned tho revolver upon her
self, indicting a wound which, it Is
thought, will not prove fatal. Details as
to tho cause of tho tragedy nro lacking.
Mrs. Mantel! Is about -- years old and
has been residing with her mother in
this city.
Hanscom's Trial,
Philadelphia. Itc I. The second day of
tho trial by court inurtlul of Nuvnl Con
structor HuiifCMii. mi ehmges growing
out of tho dUcuvcry of padded pay rolls
of thp workmen at League Island uuvy
yard. was dovoted entirely to the) xam
ii'atlon of two witnesses, former Chlet
Clerk Grogun, who continued from tho
point ho left yesterday, and Commander
Silas Casey,
PEACE WORK
IS LAGGING
Spanish Commissioners
Hampered by Instruct
ions from Homo
SOME IMPORTANT POINTS
Spanish Government Instructs Senofl
Rios to Refuse American Requests
Regarding tho Carolines nnd thS
Cable nnd Coal Station at Ceutn.
Arguments. Advanced by Spain ta
Sustain the Claims for Indulgence,
Spanish Commissioners Become
More Reconciled to tho Situation
nnd Assist in tho Labors,
t
Paris, Dec. 1. From Information
which comes to the correspondent o
the Associated Press from a well au
thenticated source late this evening, It?
seems unlikely that tho peace commis
sioners will llnlsh their work as soon
asi had been expected. It Is piobnblei
that the negotiations will last consld-c
erably longer.
Madrid has Instructed the Spanish
commissioners on three points to which
tho Americans attach much Import
ance. These are the cession, of an
Island In thcarollnos, the granting oC
religious freedom over the whole of tho
Cnrollnes and the cession of a cablu
and coaling stntlon at Ccuta.
The Spanish government has In-
structed Senor Montero Hlos to grant
noiio of these and while Spain may
ultimately yield to them all, It la ad
mitted that the American commission
ers have no power to enforce their de
mauds on woints not covered by the
protocol, liefore Spain does yield, the
negotiations nro likely to be prolonged
and the United Slates may have to
glvo a substantial quid pro quo.
Anxious us both are to conclude their
work, the commissions did not hold a
joint session today. Their next meet
ing will bo held at 2 o'clock tomorrow
afternoon.
This delay arose from the fact that
the Spanish commissioners at yester
day's session offered several other urg
ent propositions which called for spe
cial deliberations upon the part of tho
Americans. Spain asks the United
States to grant for a term of tlve years
to Spanish ships currying Spanish
goods or pioducts to Porto Rico und
Cuba the same privilege as American
vessels engaged lu the same trade may
have, and she qualifies this request by
a proviso that trade privileges be ex
tended to Cuba so long as tho United
Slates government is dominant over
that island.
AHGUMICNTS ADVANCED.
In support of this request tho Span
ish commissioners assert that Spain
cannot, without vital harm, immedi
ately abandon or cut the business re
lations so long maintained between
the mother country and the West In
dian territories. They declare that
family ties and social relations, added
to nffalrs of trade maintained through
centuries, require gradual dissolution.
They Invoke the terms of the treaty
of 1S'9 by which the United States took
over Florida from Spain and In the
fifteenth article of which granted Spain
for twelve jears the right to send her
goods and products to Florida in Span
ish ships, on tho same terms as tho
ships carrying thither goods and prod
ucts of the Untied States.
Tho Spanish commissioners cite fur
ther tho fact that the treaty of ISO!
with France, for the cession of Louisi
ana granted French nnd Spanish goods
and products the same terms as Amer
icans in f few Orleans and other porta
In the ceded territory.
Filially Spain points to the American
proposed "open door" policy In tho
Philippines nnd asks a guarontee on
tho same advantages In her late West
Indian colonies, until trado relations
enn by degrees accustom themselves
to the change of sovereignty.
This proposition and the nrgumenN
by which it was supported aro consid
ered strongly stated, and the American
commissioners desired time for delib
eration. Thus, though busy until near
ly 2 o'clock this afternoon, they were
not fully prepared and Judge Day sent
a message to Senor Montero Rlos re
questing that the Joint session fixed
for this afternoon bo postponed until
tomorrow.
Meanwhile the Spanish commission
ers had been preparing a list of sub
jects for negotiation, supplemented by
suggestions counter to nnd mandatory
on the subjects, the Americans submit
ted yesterday. This camo to tho Amer
ican commissioners today in Spanish,
rendering it even more desirable to
postpono the joint session In order to
give time for translation and consider
ation. Tho translation is being niado
this evening und the subject will bo
laid before the American commission
ers tomotrow morning.
Now that the first gust of grief and
chagrin has passed the Spanish com
missioners are meeting tho Americans
In a frank spirit that Is helpful to an
early completion of tho negotiations.
Bryan Rejoins His Regiment.
Lincoln. Neb.. Dec. l.-Colouel W. J.
Ilryan left this evening for Savannah to
rejoin his regiment. His furlough eloes
not expire until the fifth, but Ills health
being fully recovered lie felt It his duty
to return. A number of prominent polit
ical leader, among iliem ex-Congren.-man
Towne and Thomas C. I'atterson, of
Denver, have lii-'i In eouferenco with
Colonel Ilryan dining the week.
4 .,..'. .H"H"H-"t"t"f --
WEATHER FORECAST.
Wuhhlngtou, Dec. 1. Forecast for
1'iiday: For Kastern PciuisylvuuUi,
fair followed by increasing cloud
iness, and probably showers Satur
day; light, variable winds.
trtt TTft -t-ttT-tt-t- t m,1"tt-t.