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TWO CENjSl'"" SCRANTOX, PA. TFESDAV MOHXIXa DECEMBE0.Jt808.
TWO CENTS.
GRAHll
ANSWER
TO QUAY
Filed in Prothonotary's
Office of Supreme
Court.
IN DEFENSE OF GORDON
The District Attorney States That
the Charge That Judge Gordon
Inspired the Proaecutions Is Un
true, and That a Fair Trial Cannot
Be Obtained Is a Gross Imputation
Upon the Twelve Judges of the
Philadelphia Courts A Misuse of
Public Funds, It Is Alleged, Can Bo
Shown by Bank Records, and tho
Prosecution Does Not Rely Upon
Verbal Evidence.
prejudicing and intimidating the gen
prat assembly. The prosf rutlon. h
aajH. was based upon "Incriminating
evidence" a part of which wan produc
ed before the committing magistrate
and before the grand Jury and the
prosecution "has no other purpose than
that of bringing to Justice persons
whom the respondent believes have
persistently violated the laws of the
omnionweulth and used the public
moneys of the state as though they
were part of their own private prop
erty. lit closing the answer the district
attorney nays:
"Respondent avers that nppials of
the extraordinary nature of the oiw
made In the petition In question w'neto
rules are granted accompanied with
stay of proceedings that interrupt the
regular and orderly progress of tin
administration of iustlco In the lower
courts, are calculated to do Irreparable
Injury and to make It Imposslole to
successfully prosecute persons
valth and rower."
of
DISASTROUS FIRE
AT TERRE HAUTE
MR. PLATT ATTACKS
VESTRESOLUTION
THE POWERS OF A NATION TO
ACaUIRE TERRITORY.
Too Late in the Day to Resurrect
tho Drcd Scott Decision as a Basis
of Constitutional Action A Bill
Without a Precedent To Estab
lish an Institution to Which Largo
Contributions Are Expected.
t'lllladelphln. lce. I!'. District At
toiivji C.raham today tiled In the pro
tlioiiotaiy's ollli e of the supreme court
tin answer of I he commonwealth to th.i
petition of I'nlted Slates Senator M.
S. Quav. his son. Illehanl R. Quay,
and former State Treasurer Haywood,
in wblch the defendants ask the su
liii me eiiint for a rule to show cause
why a writ of certiorari should not be
lsmed tu take til) the record of exam
ination of the case in which the three
di fendants ate charged with conspiracy
to misuse state funds on deposit in the
Pooph '! hank.
True hills of indictment wen- re
turned bv the grand Jury against the
defendants and their trial was llxed
for .Monday. December 12. but, on
Dei in. Justices' Greene and "Wil
liams, of the supreme court, granted a
rule asked for by the defendants and
fixed Jan. 7 as the time for hearing the
argument.
Tn h-' answer the district attorney
tecl.' ' specillc denial of all the allega
tion a lvaneed by Senator Quay and
his i '-defendants. The district attorney
sas that the statement that the de
fendants iniild not obtain a fair trial
is scandalous and untruthful and a
gross imputation upon the twelve
Judges of the Philadelphia couitts,"
and he declares It to be untrue as
charged In the petition that the prosc
i utions wet'" Inspired by Judge James
f! ly Cc rdon. Continuing the answer
says-
The plot-edition deep not depend up
cn verbal leslimony. but upon the
written evidence created by the con
spl atois themselves In the pursuit of
the object of their conspiracy. This
eudiiue shows-' that the public funds
of the commonwealth of Pennsylvania
nr j-iuih have been used by the con
spirator foi their private and unlaw
ful gain. Interest has been allowed by
tbi People's bank on the density of
pal in monev and paid to the accused,
In miii' eases placed on the Individual
deposit of the accused In their bank
account and checked out by them along
with their own moneys in the sanw
at count. In other Instances cashier's
checks and drafts have been made pay
able to the accused for certain sums
of Interest on the public money, and
these documents, bearing the endoise
tuent of the accused, showing the re.
celpt h them of the Interest monev
paid, are In existence and In the pos
session of the commonwealth. The
book8 show that hundreds of thous
ands of dollais of the public money
deposited in the People's bank were set
i part for the use of SI. S, Quay and
used by him; and that he was1 charged
no Interest thereon. The books show
that hundreds of thousands of dollars
rth of stocks wete bought for M. S.
Qua with tlils money. That when-
i lie failed to use his full allow
ing of public money thus set apart
oi him interest was carefully caleti-lat-d
upon the balance not used by
him In the purchase of stocks and paid
to the state troasuier. The district at
torney could not have fulled or re.
fused In proceed upon this evidence
aril in bring the accused into euuit
t' luiifei-s or explain this testimony.
This respondent acted without the
stighesi element, of malice, prejudice
or feeling. The prosecution Is abso
lutely under the control of your ie-
spondent and no other pertMii. Tho
averment of Inueudo that there Is a
conspiracy to prenvcute these defen
dants Is false, ltespondent repectfully
suggests that if It weie true that some
"iv loiihplied the piosecutlon. yet If
the prosecution Is Just and well found,
il ibis i an hu mi wise a defense for
Die accused."
dodging Till': lssri;.
The answer savs it Is utterly iiiiini
nortinit and Impertinent whether JnK,
Goi'uoii as private counsel for the pres-
ot t!'e Peoples bank had Cawhier
Number of Business Blocks Burned.
Total Loss Nearly $2,000,000.
Narrow Escapes.
Terre Haute. lnd..Dce. 19. The worst
fire In the history of Terre Haute took
place tonight causing a loss of nearly
$'.'.000,000. The blirc- started in the big
show windows of the Havens & Oed
des company, wholesale and retail deal
ers in dry goods and notions. The
cause Is not dellnltely known, but it Is
supposed that a llv oh-ctrlc wire set
lire to the cotton with which the win
dow was decorated and .before the
blaze could be extinguished the lire
spread to the decorations of evergreens
In the store and the building w.u
wrapped In flames in an Incredibly
short space of time.
The chief losers ale: Havens A:
I Gcddep, SSOO.nco; Rrelnig & Miller, fur
niture. $25,0CI)' Pixlev & Co.. $100,000,
i Terre Haute Shoe company, wholesale.
$150,000; Albreeht & Co., retail d'v
goods, $7.1,00": United States Baking
company, $Sli.000; Thonrmn & Schloss,
clothiers, $50,000.
A number of small concerns which
were utterly annihilated in th fall of
the rear wall of the Havens & Geddes
wholesale house will more than bring
the total loss up to the $2,000,000 mark.
The lire started at fi.HO o'clock when
half the employes of the establish
ments were at their homes for supper.
There Is a force of tlnee huiw'Jd or
more in the retail department and had
all been present th loss of life would
have been frightful. s It is. Kate
Malnney. a clerk in the notion depart
ment. Is lying at the point of death.
She sprang fiom a window In the sec
ond story and sustained injuries from
which she will probably die. Miss
Lulu Ferguson, a clerk in the same
department. Jumped Just before Miss
Maloney but was caught by some men
who were watching for her. She is In
ternally injured but will recover. Louis
Kramer, the trimmer who was in the
show window when the tire started, is
frightfully burned about tho head and
arms. When rescued trom tne uurning
building he was Insane from the pain
and begged to be killed. Firemen Aus
terloo, Walsh and Shay were badly in
jured in the falling of the flour In th"
Albreeht building and are now In the
city hosplta'
The lire department worked admir
ably and there were many narrow es
capes anion:- them. Several firemen
are In a precarious condition from
bums and the effects of the stilling
smoke, but it Is thought tonight that
all will recover.
At 11 o'clock tonight the fire was
still binning tlercely In the rear of
the I'nlted States Haklng company, but
the firemen bad the flames under con
trol. A heroic act on the part of a man
named Peters, a traveling salesman
from Chicago, for the Baldwin Music
house, called forth cheers from the
crowd watching the Ilames. When
the fire first stated Peters was stand
ing in the crowd and saw the Ma
loney and Ferguson girls appear in the
second story windows. The girls were
panic stricken and were in momentary
danger of going down with the floor.
Peters sprang through the door with
bis coat over his dead and dashing
through the flames and smokes reach
ed the window at which the girls ap
peared and after talking with them
swung out from the ledge and chopped.
His example was followed by the two
Si lis.
Washington, Deo. I!), The senate had
a busy day, and there were several Im
portant speeches. Mr. Piatt, of Con
necticut, spoke against the Vest reso
lution, which declares that the I'nlted
States has no power to acquire terri
tory. He said that the power of a na
tion In acquire friltory was as Inher
ent as Its sovereignty. The United
States had the right to govern such
territory In the ben possible manner
until the people of the acquired Islands
were capable of self government. Mr.
Proctor, of Vermont, and Mr. Unle, of
Maine, exchanged divergent views up
on the .subject of a commission of sen
ators to visit Cuba. Mr. Proctor
thought such a commission was neces
sary, while Mr. Hale said lie thought
It would be In extremely bad taste and
useless.
The Nicaragua canal was up during
the last part of the day and Senator
Berry. Allen, Hoar, Caffrey and Mor
gan discussed the measure.
In the course of his opinion, referring
to Mr. Vest's reliance upon certain
paits of the Dred Scott decision, Mr.
Piatt declared that. In the light of
years Chief Justice Taney's opinion be
came a "mere dictum" and that It wart
too late, in these days to resurrect the
Died Scott decision as a basis of con
stitutional action on the part of the
United States. Foreign territory had
been acquire l by this country In many
ways and In all of them the right It ox
civlsed was Inherent and sovereign and
without limitation of any kind.
Mr. Hoar asked Mr. Piatt whether
be decried the doctrine that govern
ments derive their Just powers from
the coneut of the governed.
Mr. Piatt replied that the ronnt of
all those governed was not always nee-
essary. He inferred to the fact that
there was no suffrage in the District
of Columbia and again called attention j
to the fact that citizens of Massachu-
setts who could not read and write I
were prohibited from voting. Vet these
people in Massachusetts were governed
most effectively.
adelphla exposition wan supported by
every board of trade In tho country.
A rising vote was then taken. It
resulted 80-r.l. biu before the result
was announced the yeas und nays were
demanded and ordered.
RAfLKY DKNOUNCKS PAPRItS.
Mr. Ualley, of Texas, introduced a
resolution In open house dlreetlng the
judicial y committee to Investigate and
report on the question as to whether
tho members of the house who accept
ed commissions in the army bad for
feited their seats In the house. 11"
made the resolution the test for some
remarks, In the course of which h
took occasion to bitterly denounce a
newspaper statement to the crfect that
in his attitude upon this question he
had been made a catspaw of by certain
prominent Bepubllcans In the house.
He denounced the Republican who had
inutimiiivi the statement as an Infam
ous liar and challenged him to father
it. There was no reply to Mr. Bailey's
statement rr.d the resolution wa3 re
ferred to the committee on rules.
FRENCH CHAMBERS
IN AN UPROAR
M. LASIES ATTACKS THE BRIS
SON MINISTRY.
He Also States That tho President
of tho Court of Cassation Is a
Brothor of a German Official M.
Brisson Regards All Documents in
tho Dreyfus Dossier as Suspicious.
THE NEWS THIS M0RNINU
Weather Indications Today!
Rain; Northeasterly Winds..
PLAN TO PAY
FILIPINOS
SPANISH MINISTERS
WILL ALL RESIGN
Friends of Sagasta nnd Montero Rios
in Full Accord on All Questions of
Policy.
Madrid, Dec. in. It Is seml-olllclally
announced that the Spanish ministers
win ubice their resignations in tho
hands of the queen regent tomorrow.
The friends of both Premier Sagasta
and Senor Montero Itlost declare they
are In full acooul on all questions of
policy. The most discussed solutions
of the crisis are a Sagasta ministry to
Include among Us members fleneral
Weyler, Sen r Romero y Roblodo nnd
Senor Canalejas y Mendez. a. Montero
Itlos ministry comprising representa
tives of the different groups of the
majority, or a Martinez de Campos
ministry, Including Senor Sllvela and
other conservatives.
In the event of tho first or the last,
the cortes will be dissolved.
The general commanding the north
ern army has proclaimed the closure
from tomorrow of all the Carllst clubs
and societies In his district.
THE SANITARY COMMISSION
BLANCO ON SPANISH SOD.
Id. ii
Hi'p.Miis' private letters and that tl-.es
lei r ! were used for politlinl or other
puiposey twlich averment Is denied)
emit "iinstltiiii's no ground for the ol
der prayed for In the defendant's peti
tion Such allegation, the district at
torn, . Miys ate not for the puipose of
ei'llchienlllg Uie court or aiding In se.
cuilis; 'he petitionee, a full' and lia
pa"la! liia', btl aie ali'iilaie, and
Intended to divert the attention -if
e'"iy one concerned ill the ease mm
the real Issues Imolwil
The distiii I attorney declared that
these ,-oeoedingH were Instituted be
fore Mi. (juav made the personal an-
nom iiieiit of nls candidacy to sue-
ci -it himself in tii. nulled States sen
ate Why a legal proceeding should be
airest.'d upon the ground of n defend
ant's candidacy for olllce the district
attorney is at a loss to understand, and
ill allegations to this effect he :ays
ir Irrelevant and Immaterial.
The district attorneys avers that in
leekir.g trial for these -ases ho Is do
,pg pimply his duty under his oath of
illlc and that In 30 doing he Is not
The Lato Ruler of Cuba Arrives at
Alicante.
Alicante, Spain, Dc. 19. The Span
ish mail steamer Villa Verde, v It li
Marshal Ramon P.lanco, lormer captain
general of Cuba; General Fernaland
Tejedo Colonels Cevalos. Pagllery,
Tussar and Domenlco, and seveial oth
eis of lesser rank arrived here this af
ternoon trom Havana.
Marshal Rlaneo landed without in
cident and evading the crowd which
Mas awaiting; him took the train for
Madild. after sending to the queen re.
geM a telegram of devotion and re
ceiving from Senor Sagnsta one of wel
come, lie declined to discuss the Cu
ban campaign but appeared greatly af
fected.
FIRE AT FORT ADAMS.
MASSACIP'SKTTS DF.FKNDRD.
Mr. Hoar defended the educational
system of Massachusetts, saying that
while there was an educational qualifi
cation in Massachusetts the method of
acquiring the qualification necessary to
voting was placed within the grasp of
every one.
In conclusion Mr. Piatt said he could
not understand the sentiments or mo
tives of those who wished to circum
scribe the power? of the nation. Why,
he asked, should we belittle those pow
ers or strive by subtlety and sophistry
to hamper the progress nnd growth of
the country. Itather than pursue this
course why should senators not wish
the nation (Soil speed in its mission of
extending our free Institutions, ns far
as possible.
This was suspension day In the house
and several bills were passed, the most
Important of which was the bill ap
propriating !f3."i0,onn for the Philadel
phia exposition of ISM. The vote was
exceedingly close. It had but two
voles more than the necessary two
thirds. Mr. Wnnger took the lloor In sup
port of the measure. He described at
f'ome length the work of the Philadel
phia museum and Us Inlluences upon
American export trade, over nan a
million dollars, be said, had already
been spent In the establishment of the
museum and the city of Philadelphia
bad appropriated $'!00.0no additional.
This bill, he said, asked for an ap
propriation of $3X000 piovlded a sim
ilar sum was latsed from other sources.
HILL WITHOUT T'HKCKDKNT.
Mr. Dockery, (Dem., Mo.) Interrupt
ed to say that the bill was without
precedent and that It was desig
nated to establish' a permanent Insti
tution to which the United States
treasury was to contribute Sr.O.OOO an
nually. Mr. Wanger said that It was the per
manent character of this Institution
in which Its value lay.
Mr. Iiliigham, (Hep., Pa.) reinforced
Mr. Wanger's nrgument with a tn
minute speech in which be dwelt upon
the gieat benefits which would accrue
to the country as a whole from this
exposition. The bill, lie said, had al
ready passed the senate, and It was
ImiRirtant that it .-hould become a law
at once In order that the plans of the
government exhibit might be prepared.
Mr. Hurke. (Dem.. Teiui.) opposed
the bill, lie called attention to the
tact that lust spring some of the prom
inent members of the majority opposed
a. bill to allow even the free Impor
tation of exhibits from Mexico des
signed for the Dallas fair.
"Does the gentleman nee any anul
ogy between a state fair and the ex
position provided for In this bill?"
asked Mr. Dalzell, (Hep., Pa.)
"A stute fair Is worthy of more con
sideration than a city fair," replied
Mr. Hurke. Continuing Mr. Hurke
argued that the appropriation of money
for local expositions was against good
public policy.
Mr. Dockery, (Dem., Mo.) contended
Governor Hastings Acknowledges
the Final Report of the Body.
Pennsylvania Soldiers Well Cared
for.
Harrisburg. Dec. 19. Oovernor Hast
ings received the llnal report of the
Philadelphia sanitary commission to
day. The commission was appointed
three days after the declaration of war
with Spain for the purpose of giving
special care to the Pennsylvania sol
diers, marines and their families. Itep
lesentatlves of the commission accom
panied the Pennsylvania troops to the
front and looked after the relief of the
sick and the welfare of the well. Store
houses were established In Tampa, Fer
nandlna. Key "West and Miami. Sup
plies were regularly forwarded during
the summer to the various points and
localities where the troops were sta
tioned: record was kept of those who
were 111 and of those who died and the
information sent to the nearest relative.'-'
of the deceased as soon as pos
sible after the Information had been
lecelved by the commission. Various
hospital ships bringing to this coun
try Pennsylvania troops were met by
members of the commission nnd Gov
ernor Uut'tlngs and special attention
was given to the careful handling of
the sick and the placing ot" them in
the hospitals of Philadelphia and New
York.
A committee on family relief was
organized by the commission and given
into the cate of Hev. Herman L. Dah
ring. This committee worked through
out the summer and Is still engaged
In relieving a number of families where
the bread winner is either 111 and un
able to work or Is still absent at the
front. There have been no complaints
received by the commission that any
family deserving has suffered, except
for the time being, while they weie
unwilling to make known their needs.
The commission terminated Its labors
free from debt, with no outstanding
obligations and with all the supplies
shipped to the troops of the state re
ceived and accounted for.
Tn acknowledging the receipt of Its
report, the governor tenders his thanks
to the commission for its commend
able work. John H. Converse, of Phil
adelphia, is president, and ex-Governor
Hubert K. Pattison, secretary of the
commission.
Paris. Dec. 19. There was a repeti
tion this afternoon ot the now familiar
scenes In the chamber of deputies. M.
Lasles, anti-Semite, Interpellated tho
government on the subject of the al
leged Indiscretions of the Hrlfslon min
istry In the Dreyfus affair. He ac
cused Premier M. Hrlsson of violating
the constitution and violently attacked
the court of cassation, whose presi
dent, M. T.ee, was. he said, a brother
of a German olllclal. The siecch of
M. Lasles ellcted uproar and protests.
The minister of war, M. de Frey-
cinot, replied that he did not desire
to appear as wishing to Influence the
decision of the court of cassation. But.
the minister added, while willing to
submit to the court all the official doc
uments In his possession, be was ab
solutely determined not to submit the
secret batch of documonts in tho case,
which, he pointed out, contained pa
pers affecting the security of tho na
tion. He added that If the. house did
not approve of his attitude he was will
ing to resign.
The chamber later discussed an in
terpellation by M. Miller nnd relative
to the conditions upon which the se
cret dossier could be communicated to
the court of cassation, as he contended,
unions the court was put In posses
sion of all the document, the whole
case of revision was vitiated.
M. Dupuy, the premier, replied that
unless cuarantees of absolute secrecy
were forthcoming the government
would not communicate these docu
ments to the court. The premier de
clared that It was Impossible to show
the documents to the defense unless
the government was absolutely assured
of secrecy.
ALL ARE SUSPICIOUS.
M. Hrlsson said: "There Is no docu
ment in the Dreyfus dossier that could
effect the security of the state. I
examined the entire dossier after the
discovery of the Henry forgery and
considered them all suspicious."
M. Cuvalgnac, former minister of
war, interjected:
"Yes, M. Hrlsson and M. Sarrien ex
amined the documents. I thought It
necessary to show them. Afterward I
offered to show M. Hrlsson certain doc
uments in the hands of General Gonze,
In which there were the elements of the
conviction, but M. Hrlsson thought It
useless to examine these."
After further debate, which had
been throughout of the most animat
ed character, the chamber, by a vote
of !570 against SO approved the attitude
of the government.
'. General President McKlnloy'B Plan to
Pacify the Filipinos.
Doings of Congress.
Attorney Graham's Iteply to Mr.
Quay's Petition.
Kxcltrment In tho Ficnch Chamber of
Deputies.
J General A Night in Scranton Play
houses. Flnonclal and Commercial.
I Loral Opening of Argument Court.
Year ISM In an Industrial Way.
i K'lltorlal.
Comment of tho 1'iess.
E Local-W. V. Hallstcad for President ot
the D.. I & W.
Hoard of Trade Nominates Officers.
C Local West Sciantou and Suburban.
7 News Hound About Scranton.
8 General News of the Soldiers at Camp
MncKcnzle.
THE TESTIMONY OF
LIZZIE L0VERNASH
The President's Scheme
for Forestalling
Aguinaldo.
SOLUTION OF PROBLEM
It Is Very Damaging to tho Caso of
Mrs. Botkin Mrs. Dunning Also
on the Witness Stand.
Their Services Thus Far to Bo Ro
warded with Money A Promisa
of More Thoir Allegiance to This
Government to Bo Thus Secured.
The Purpose Disclosed of tho
Emergency Fund Clause of tha
Deficiency Bill.
VICTORY FOR MAGOWANS.
EXPLOSION OF GAS.
Two Soldiers Are Cremated Artil
lery Stables Destroyed.
Newport, R. I., Dec. 10. During a tire
In the ttoble. at Fort Adams tonight, I that the bill was simply a naked pro
position for the government to enter
a gun shell rxpioueu, Killing Private
Sullivan, of Battery A, Seventh artll
ler, and injuilng eight other soldleis.
All the horses were saved, but the
stublcs of light battery F, Fourth ar
tillery, were destroyed
Two bodies were found in the nilna
this morning.
Steamship Arrivals,
New York, Dec. 19.--Arrived: Kd.un,
Amsterdam. Sailed: Kaiser WUhehii II.
Naples, etc. Naples Arrived: Kms, New
Yoik. Liverpool Arrived: Nomudlc,
New York. Queenstowii Arrived; Ma
jestic, New York,
Choynski Gets a Decision.
Chicago, Dec. 19, Jo6 Cliojnskl was
given the decision at the end of th Ixlh
lound over Kd Dunkhortt, of Bvraeim.
Into a partnership with a private cor
poration for the purpose of collecting
samples of manufactured products de
signed for export.
Mr. Halloy said ho hud predicted that
the time might come when appropria
tions would be asked for state fairs.
He hardly expected to see congress be
sieged for hii appropriation for a city
museum.
Mr. Underwood (Dem., Ala.) sup
ported the bill. Yl'o bad outgrown tho
bome market, he paid, and wo must
reach out for foreign trade. If this
was to be dono Intelligently our people
must understand tho class of goods
required abroad. Tho appropriation
asked for in this bill was for the b?ne.
lit of our export trade.
Mr. Adams (Hep.,' Pa.) said tho rhll-
Four Men Are Badly Burned at
Hollenbaok Colliery.
Wllkes-Harre, Dic. 19. A beatv e
plosion of gas occurred in the Hollen
back colliery of the Lehifih and Wllkes
Harre Coal company late this after
noon, by which four men were badly
burned.
Tho names ot th victims arc: Lewis
Davis, assistant mine boss- Llewellyn
Morgan, mine foreman: Samuel Hln
my, tire boss- August Mitchell, miner.
Mitchell's Injuries will piove fatal: the
others will ivover. The explosion was
caused by a small fire In one of the
lower veins. The llro was extinguish
ed this evening.
The Texas at Havana.
Washington. Deo. ID. The navy depart
niciu today iccelved woid of the arnvul
at Havana at the Texas which in.iUe a
three days' run from Norfolk. This
makes three United Slates warships In
the haibor of Havana-the New Vnrk,
Topeka and Tons. Tho C.itllnu sulled
yesterday from Huston to loin this torce
and tho Hesolute left League Ulaud to
day for the samo port.
No Bishop Appointed.
U.isntnston. Dec. 19. At the papal del-
gatloti It Is aald that the r port from
Philadelphia that the delegation is ad
vised of the choice ot Father Hhana'ian,
of Philadelphia, as hlxhop ot Harrisburg,
Is erroneous. The delegation. It stated,
lias not been informed of any choice tor
the Harrisburg diocese.
Skating Accident.
Kingston, N. Y., Dee. i9. John Dunno
and James McCormlck. each aged IS
years, were drowned In KsopUB creek at
(Hon Krle last night by breaking through
the tec.
Cleveland Court Says a Mother Way
Steal Her Own Child.
Cleveland, O., Dec. 19. Mr. and Mrs.
Frank Masowan again failed to ap
pear in court today when the rase
against them upon the charge of child
stealing was called.
Attorney Johnson representing the
ex-mayor and wne, createu a muu sen
sation by asking leave to withdraw
the plea in abatement. lie said that
after rellectlon he had decided to file
a demurrer to the Indictment. Judge
Dissette, however, proceeded to read
his decision In the plea of abatement,
which he ordered stricken out. At
torney Johnson tiled a demurrer. It
sets forth that the facts stated in the
indictment do not constitute an of
fense punishable by the laws of Ohio
and the Intent under the satute under
which the Indictment Is drawn has not
been properly charged in the indict
ment. The case was practically decided in
favor of the Magowans this after
noon. After the attorneys had argued
the demurrer. Judge Dissette said:
"Under the statutes of Ohla a parent
cannot be convicted for stealing Ills ot
her own child."
The Judge also said that the parent
unless decided by a competent court
to be unfit, has always a right to take
possession of his or her child, wherever
It may lie munu. There is no law iy
whlch he may be criminally prosecut
ed. The only recourse which one par
ent has against another Is in the civil
courts.
Judge Dissette said that If Mis. Ma-
gowan were here ana ouiu lesiuy
that she is the mother of the child,
that would end the case.
San Francisco, Dec. 19. Owing to
the death of a Juror's sister there waS
no morning session In the Hotkln caso
today.
The taking of evidence at the after
noon session commenced with Lizzie
Dovernash, a reporter, on tho stand.
Miss Lovernnsb explained that she was
detailed to Interview Mi's. Hotkln at
Healdsburg, where the accused was
In seclusion at the time of the mur
der. Miss Ijovernash told the story of
Mrs. Hotkln's acquaintance with Mrs.
Dunning, as Mrs. Botkin told It to her.
When told that she was suspected, the
accused became hysterical and ex
claimed: "Why should I be suspected?
It would have been better to have
killed the man and spared the woman
to her child."
Witness said the prisoner spoke of
some letters in connection with the case
and asked witness If handwriting ex
perts would be able to Identify the
writing of a person laboring under
great excltment.
Mrs. Hotkln also spoke of a number
of letters sent to Mrs. Dunning and
said they were sent by another woman
In San Francisco. On another occas
ion, while Miss r.overnash was with
Mrs. Hotkln In Stockton. Mrs. Hot
kln's son, Heverly, entered the bouse
In a state of Intoxication and made re
marks concerning his mother's rela
tions with Dunning, Mrs. Hotkln turn
ed to Miss Lovornash appealing say
ing "What shall I do? My son has
the Insolence to damn me."
Late this afternoon John P. Dun
ning, husband of one of the victims
of the tragedy, was called to the stand.
He testified as to his relations with
Mrs. Hotkln and described with some
degree of detail the affairs up to the
time be left the city for Cuba, where
be was to do newspaper work. He
said that he bad received many let
ters from Mrs. Hotkln. but destroyed
them as fast as they came.
On his return from Salt T.ake City
in August, 1897, Mrs. Hotkln said that
she had obtained a divorce from her
husband, and for a long time he be
lieve this to be true. He had told Mrs.
Hotkln on one occasion that bis wife
was passionately fond of candy. He
Identified the anonymous letters, the
address on the box of candy and the
enclosed note as being In the hand
writing of Mrs. Hotkln.
On cross examination Attorney
Knight asked Dunning If he had
been Intimate with other wom
en. On replying In the all
tirmatlve he was asked to name them.
This he refused to do. Knight In
sisted on a reply and Judge Cook In
structed him to answer. He again '
refused, whereupon the Judge commit
ted him for contempt
arrested.
IL0IL0 IN DANGER.
Washington, Dec. 19. That the presN
dent believes he has found the solu
tion of the problem presented by the
attitude of the Philippine Insurgents
Is known to those In the administration
circle. Ills plan Is to t resit the Insur
gents with as. great liberality as it
they hail been serving In the Ameri
can army from the time of Dewey'i
victory at Manila: to pay them for
their service, and to hold out to them
the hope of further employment lit
garrison duty during the period oi!
American occupation.
The president believes fully, It H
understood, that by thus treating tho
Insurgents Individually, without recog
nizing any allegiance of theirs tr
Agulnaldo, but assuming primarily
their fealty to the United States, this)
country will allay any restlessness
that may hnvo appeared.
So far as can be Judged from Ad
miral Dewey's and General Otis' ells-
patches the only apprehension In re
gard to the future course of the Fili
pinos arises from doubt as to how far
agitators, taking their cue from lead
ers like Agulnaldo, can succeed In fos
tering discontent.
"It will be bard for discontent to
flourish In the rank nnd file," said a
member of the cabinet this morning,
"when past services have been re
warded and when assurances are held
out for the future by a responsible pow
er." WILL NOT HF, KXPENSIVK.
This, In effect. Is the administration's
plan, and It Is estimated that It will
not be nn expensive plan to put In op
eration. The cost of paying the insur
gents at the ranie rate of wages as tho
American soldiers for the past eight
months, oven at the most liberal cal
culation ot the Insurgent strength, will
be something less than J2.000.000. This
is provided amply la the urgent defic
iency bill, which Is now in conference.
Just as the bill was on the point of
passing the house. Chairman Cannon,
of the appropriations committee, who
had the bill In charge, moved as nn
amendment that to.000,000 be set aside
as an emergency fund, nnd when some
body on the Democratic side asked
what this was needed for, Mr. Cannon
replied nonchalantly that any number
of emergencies might arise in Cuba.
Porto Ulco and the Philippines, and
that the administration ought to be In
a position to meet them promptly,
without feeling bound "ny the limita
tions of a law framed necessarily in
ignorance ot future conditions.
The amendment was accepted
promptly, and In the senate the emer
gency fund was made still more clastlci
by a provision that It should be ex
pended "at the discretion ol the president."
OBJHCT OF APPROPRIATION.
It Is now understood that this appro-
He was then ' pilatlon was made at the president's
suggestion with thlsi very object In
view, of arranging with the Philippine
Insurgents.
It Is possible, nlso, that a similar pro
gramme may be followed In Cuba to
some extent, although It Is not known
that the plan Is matured so far an
Only a Small Force Left t& Protect
the City Against a Large Body of , Cuba is concerned.
FEDERATION OF LABOR.
Fight Between Typos and Machiu
ists Is Considered.
Kansas City, 'Mo.. Dec. 19.-The
American Federation of Labor opened
the second week of its annual conven
tion today. Two resolutions were
adopted, one urging congress to pass
a bill giving to the citizens of tho Dis-
trkt of Columbia the same light of
franchise enjoyed by the people of the
states, and the other urging govern
ment ownership of a system of tele
graph lines and the adoption of a pos
tal telegram system being favored.
Tim light between the typographical
union and the machinists for Jurisdic
tion over the men who repair and take
care of linotype machines In printing
offices was considered In executive ses
sion and action postponed.
Agricultural Appropriation.
Washington, Dec lK-The .igtlctlliur.il
appropriation bill reported today contains
u retaliatory measure authorizing the sec
rotary of agriciiltuiu lo Inspect Import d
articles dangerous lo health and also au
thoilzlug the secretary of the treasury to
exclude such articles. The lestilctlou Is
designed to apply to a large number of
articles Imported from forelsu countries.
Brooke's Reported Illness.
AVashhiBton, Dec. 19. --Nothing has been
heard at tho war department of the re
ported llluejs of Ueneral Rrooke nor of
tinythlng calculated to Interfere with Ills
prompt assumption ot tho duties of gov
ernor general of Cuba.
Insurgents.
Manila, Dee. 19. The Spanish steam
er Brutus lias arrived lu-re from Hollo
with 315 native soldiers and seven
priests on board. She reports that
lighting occurred at Hollo nightly and
that the merchants there are anxiously
awaiting the anlval of the Americans
to relieve the situation. The streets
at Hollo are almost deserted.
The Spanish ofllcers admit that it Is
impossible for them to maintain their
position at Hollo unless they are speed
ily relnfoiced. They are surrounded
h fciiperlor forces of Insurgent., who
are estimated to number 2.1.00H men.
Against them the Spaniards have ntily
j 2,r,00 rifles.
SttUEEIZNG THE CARLISTS.
Military Authorities at Madrid on
the Lookout for Disturbers.
Madrid. Dee. 19. Senor Montero Rlos
had a long conference this afternoon
with Duke Alniodovar de Rtu. minister
of foreign uffalrs, to whom he handed
th peace treaty documents.
lieutenant Ueneral Marlel, captain
general of Madrid, Is about to Issue a
pioclamatlon closing all the ("arllst
clubs In the district and It Is expected
that he will ulso irder the suspension
of all carllsi newspapers.
Bill to Reorganize the Army.
WiikhltiKton. Dec. 19. The housi com
mittee on military affairs held an executive-
session toduy to begin consult ration
of the bill to Indents and murganiiee the
army. Considerable pronress asms made
and' although some sharp opinion was
encountered to some of the provisions of
the Hull bill, the committee got beyond
sections one and two and the features in
these sections tire considered settled.
Tho voles on I be dllfcrent motions were
not on parly Urn s
Pennsylvania Pensions.
Washington. Dee. 19. These IVunsylv.i.
nla pensions have been Issued: Renewal
William II. Harney. Hiaudt. .Susiiue
hiinna. $10. IneieaBe Special December
10, Virgil P. (leltstlus. Franklin Forks,
Susiiiehaiiua, Hi! to $17.
It Is pointed out In administration
circles that this method of dealing with
the Insurgents Is epilte dlf'erent from
that pursued by Spain prior to the ar
rival of Aiui'iican forces at Manila.
Spain gave Agulnaldo various sums of
monev os tin price of bis fealty, but
Agulnaldo never seems to have regard -ed
the bribes thus paid as binding, for
he lost no time In follow ing Dewey to
Manila and lalsim? again the standnrl
of revolt.
The president's plan does not tor
template making special arrangements
with Agulnaldo. -bi the contrary. It
proposes to treat with the Insurgents
Individually and to pav theui for ser
vices already rendered, as an earnest
of fair consideration in the future.
LEGISLATORS AT HARFORD.
Made an Otlicial Inspection of tho
Soldiers' Orphan School.
Colonel V.. TI. Ripple. Senator .). u,
Vaughan and Representatives P. Ti
Timlin, John .1. Scheiier, Jr. and N. C.
Mackey visited the Soldiers' Orphan
school at Haiford, Susquehanna coun
ty yesterday. It was the oicusloii ol
one of the petiodlcal Islts of Colonel
K. II. Ripple, as comnib'dlnlicr of Sol
dlers' Orphan Mhool and the others ac
companied him by Invitation.
The party found the Institution Ir
splendid condition ami discipline. It
was the opinion of tho legislators tho
establishment merited all and mori
than the aid It received as a state In
stitution. Resolute for Havana.
Philadelphia, Dec n. --The United
States rrulMT Herniate left i.eonue Island
navy yard tnd.i for Havana with a tun:
of marines and mippIIc-h for the naval Bta
lloti at the Cuban capital.
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WEATHER FORECAST.
Washington Dec. 19. Fc coast
for Tuesday: For cistern ' ennsyl
vKiila. rain, probably clearing In
tho afternoon, brisk easterly winds,
-t-
f
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t-t-r t-f t-f-r-t-r-r-H-t-ttt-t-t-ttl-l-H-
y
i.