orontott TWO CENTS. TEN PAGES. SCItANTOX, PA., WEDNESDAY MORNING, JANUARY 11, 1899. TEN PAGES. TWO CENTS. POINT LOST A, BY MR.jvuAY Supreme Court Denies Application for Writ of Certiorari. PETITIONERS PAY COSTS Opinion Handed Down But Was Not Bead from the Bench Judge Storrett Morely Announced the Dismissal of the Rules Court Be lieves That a Fair Trial Can Be Had in Philadelphia Text of tho Opinion. Philadelphia, .Inn. 10. Tho supremo court today dismissed tho petition of the defendants In the Quay conspiracy ease, and the case will now go back to the court of quarter sessions for trial 1n the regular course of procedure. The petition had been Mod on be half of United States Senator Quay, his son, Elchatd R. Quay, and former State Treasurer Benjamin J. Haywood, and asked for a writ of certiorari to remove the case to the high tribunal on the ground that the political pre judices would prevent them from got tlnpr a fair trial in the county court. Chief Justice Sterrct handed down tho opinion us soon as the court convened. Hi- merely announced that the rule was discharged and tho petition tils missed at the cost of tho petitioners. The chief justice llled nn opinion, con curred in by the entire court, but this was placed on record without a public reading. Ttrlrlly stated, tho court declares it self satisfied that the petitioners can and will have a fair and Impartial trial in this county. The announcement of the decision created a profound sensation In politi cal circles and there is much specula tion as to Its effect on the selection of a I'nlted States senator, for which tho state legislature will begin balloting next Tuesday Senator Quay left town for Washington this afternoon without bavins; cxpreshod an opinion concern ing the cae. Ho did say, however, that he would bo In Ilarrlsburg tomor row night. The legislature will recon vene on Thursday. District Attorney Hothermel said that the triul will go In the regular course of business, but ho was unprc 1 pared to ray when It will br beard. Ho added that ho would do that, which, after a careful examination of tho whole situation, he thinks for the best Interest of tho commonwealth. CH AIK5 12 AGAINST DEFENDANTS. U is now well known that the charge against the defendants Is con spiracy with John S. Hopkins, cashier of the People's bank, who committed suicide when the bank failed last March, to misuse state funds on de posit there. They were arrested last October nnd nfter a preliminary hear ing entered bail for trial. The date fixed for trial has been several times postponed. Senator Quay and his co defendants have persistently alleged tl.at the prosecution Is actuated by po litical enmities, tho aim of which is to defeat his re-election to the United States senate. Although former District Attorney Graham, who Instituted the proceed ings while in office, was engaged by his suceettior, Mr. Rothcrmol, as special at torney to conduct the case before the supreme court, It Is not known wheth er Mr. Graham will handle the case when It Is resumed In the auarter ses sions. OPINION OP THE COURT. Tho opinion of the court says In sub stance: "Our jurisdiction to grant the relief prayed for by the petitioners Is chal lenged by one of the reawms aFslgned by tho district attorney In support of his motion to quash tho petition and all proceedings thereunder. That ques tion has been so often considered and decided adversely to the common wealth's contention that It Is unneces sary to consume time In Its discussion. Wo have repeatedly held that when a proper case for tho exercise of the supervisory power invoked by these petitioners Is presented It Is still our duty to grant relief by pending the record to the proper court of another county for trial or detailing one of our justices to preside at the trial, as the circumstances of each meritorious case may require. "We cannot assent to the petitioner's construction that it is our duty lu this case to review the action of the court below In overruling the demurrers to four of the Indictments and refusing to quash the others. We cannot do so without deliberately usurping jurisdic tion which wo do not possess.and which In case of the right of appeal here after exists, is expressly nnd exclusive ly vested In tho Superior couit. Uy the seventh section of the Supoilor court ct of June 21, ISM. P. I,., -J15. which declarer- 'The said court shall have no original jurisdiction, except that it may issue writs of habeas corpus but It Hhull have exclusive and llnnl JurlH. diction of all appeals which are now allowed n the .Supremo court In tho following cases: "fa) All pioceedliiKS of any kind In the court of quarter sessions of the peace, or before any Judge thereof, ex cept capes Involving the right Pi u pub lb olllce.' THE RIGHT OK APPEAL. "The orders overruling the demur r"i and refusing to quash are merely Interlocutor;, uml no right of appeal therefrom, to any court, lies until after conviction and sentence. In case nf ii-quiltal there will be no necessity for an appeal. Vonimonueulth vs. Ketner, 8: Penn sylvania :!":'. nnd kindred cases relied on by the petitioners have no appli cation to this case. That was u habeas corpus granted on the petltlonor'H aver "l!1.1 l.'.'.at lle WUB ""'gaily restrained of hi liberty by UeKai imprisonment, and the certiorari watt merely ancillary tr the habeas corpus to bring up tho commitment or catiKe of dotentlou so that the court hearing the habeas cor pus uould determine whether he legally deprived of ii I Tl ofSSnuvcr, la not this cane, as ,(vV..'Iti Commonwealth vs. Green, was rtVV. "In Commonwealth vs. Green. 1S3 (Pennsylvania. 6tii, 'an essential prere quisite io we granting oi any sucn (special writ of certiorari Is a meri torious and well grounded petition for a habeas corpus. If that If wanting, thu certiorari should be refused and the petition therefore dismissed.' "We are clearly of the opinion that we have no authority whatever In thlH proceeding to review the action of the court below on the demurrers and mo tion to quash, and Wu therefore ex press no opinion in relation thereto. "Tho only other contention of the petitioners that requires notice Is that they cannot have a fair and Impartial trial In the court of quarter sessions of tho peace of Philadelphia county, where suld Indictments are still pend ing on issues of fact raised by their pleas of "not guilty.' "We cannot assent to this proi)sl tlon. On the contrary, we are satis-, fled that the netltloneis can and will have a fair and Impartial trial In that court before a competent and unpreju diced judge and a fair and Impartial Jury. If we thought otherwis.-, wo would not hesitate a moment to send the Indictments to another Jurisdiction for trial. The learned Judges who by virtue of their commissions us judges of the four separate common pleas courts lu this county are Judges of the courts of Oyer and Terminer and quarter sessions of the peace, etc.. arc twelve In number and sit In said courts in pursuance of previous assignment under the constitutional provisions, by which, for example, a judeo of com mon pleas No. 1 and a Judge of com mon pleas No. -1 (without designating either of them by name) will be as signed to hold the criminal courts dur ing the next March sessions, and u Judge of common pleas. No. 2 and a Judge of common pleas No. :i win bo assigned to hold said courts during next April sessions, and so on through out the year. "The Judges of the respective courts from which these assignments" are made arrange among themselves as to which of them will go into tho crimi nal court, and in case of sickness or necessary absence one of tho other Judges of the court of common pleas from which tho assignments' are made for that session may take the place of the sick or absent Judge, etc. Under this arrangement the judges who held the criminal courts In November last will probably not be required to sit therein for several months thereafter. TWELVE JUDGES. "Of the twelve Judges whom thus In turn holil the criminal courts, only two are subjects of complaint in these petitions for the rule. One of these resigned his commission, and that sev ered his connection with common pleas No. ;!. and all the other couits before the petitioners filed their demurrers and motion to quash. Ah to what he Is alleged to have done while he held his commission, it Is dllllcult to say what, if any, effect It may have lu pre venting or even tending to prevent the petitioners from having a fair. Impar tial trial before cither of the other Judges now In commission. "The only apparent objections to the other learned Judge who rightly took tho placo of his colleague, when the latter resigned, are that he did not dis pose of the demurrers and motion to ilUfiBh In the manner that petitioners claimed should have been done, and that he has a son who is a member of the bar, and holds a osition In the district attorney's office. These objec tions were uncalled for, and require no comment further than to say that in the opinion overruling the demur rers and denying the motion to quash he clearly and fearlessly stated his reanons for so doing, nnd wo see no reason whatever to question his integ rity of purpose, and he is too well known and too highly respected In that community and elsewhere to require uny vindication at our hands. "When the 12th of Decemlier was agreed upon as the time for tho trial of the Indictments It was well under stood that other Judges (one from com mon pleas No. 4 and one from common pleas No. 1) would hold the December sessions of the criminal court, and that months would probably elapse be fore it would again come the turn of mo learned president of common pleas No. ij ocivu in tuiu courts, v ncn the petition was presented and rule to show cause with stay of proceedings was granted on December 0, 1S9S, a speedy trial was in prospect on tho following Monday, before one of the learned Judges then holding the crimi nal court, against neither of whom wan there then or since a breath of com plaint; and we have no reason to doubt that fair and Impartial Juries could then and can now be empanelled for the trial of the several Indictments. Without further reference to other fea tures of tho case our conclusion Is that there appears to be no sufficient reason to Justify the Issuance of a certiorari. The rule to show cause Is, therefore, discharged and the petition is dis missed at the costs of the petitioners." OPINION OF MR, PENROSE. United Stales Senator Penrose today expressed himself an follows on the senatorial situation as well as the Quay cases In court: "In October last, soon after the suits were instltuetd, I stated to the publlo that they were the result of a political conspiracy, and were intended for the purpose of injuring Senator Quay's chances for re-election. All the de velopments of the cases from that time to the present have confirmed un original opinion In this matter. The suits would never have been instituted had It not been that the enemies of Senator Quay, realizing the hopeless ness of all other methods of attack, re sorted to the desperate expedient of criminal prosecution. "At that time the machinery of tho criminal courts was entirely in the hands of the polltlcul enemies of Sena tor Quay. Ho did not wish to be tried by his enemies, and by the advice of his counsel Instituted proceedings In the higher courts', for the purpose of obtaining a change of venue, so that he might have his cases heard before an impartial tribunal. Two Justices of the Supreme court, upon hearing the petition, granted a rule to show cnuso why the prayer of the petitioners miuuiu noi oi granted. The rule va mnde returnable on the seventh day of January, and was argued Jn full at that time. Two questions were raised lu the argument before the Supreme court; one, as to the sufllelency of the indictments, and the other ns to the chrmgo of venue. The case was argued with great ability, and It was the con census of opinion of all those who heard the argument and those who afterwards read It In the newspapers, that the presentation of the law by Messrs. AVntsvn. Shnpley and Shields was of such a convincing character as to enrrv with it tho weight of convlc Hon. "Upon the question of tho sufficiency of tho Indictments the Supreme court has said that It did nt have Jurlsdlc tlon to pass uion till question, such uuthorlty having been vented In the Superior court, and therefore token away from the Supreme court by the act of 1S!'.- The Supiemo court did -i pass ujon the merits of tho case. grunting the defendants a change of venue, tho Supremo court has said that In Its opinion, the defendants can se cure a fair trial In the courts of Phila delphia county. Senator Quay and his friends did not think that they could secure a fair trial In this jurisdiction, because of the unfriendly attitude of certain newspapers of this city, which, for reasons of their own, have been antagonistic to Senator Quay for many years. The adverse publlo sentiment aroused through the instrumentality of the antl-Quny newspapers must neces sarily Influence the minds of the Jurors Who Will bo culled on to pass on 111. 4 case. Let me emphasize the fact that the Supreme court has decided nothing on the merits of the case. The ques tion of the guilt or Innocence of tho defendants has not been In any way pawed upon by the court, or In the opinion which remands the case for trial to the courts below. The chief Justice, who handed down the opinion, has stated that, in his Judgment, the defendants will receive a fair trial In tho courts of Philadelphia county, and this Is the only point decided In their opinion. Tho cases will now bo tried In the usual way In the courts of quar ter sessions here, and I have no doubt about the acquittal of the defendants on all the charges named In the Indict ments, and I believe this Is the opin ion of every lawyer who has studied tho case or heard the argument, Irre spective of his political oillllatlons. NO EFFECT AT HARRISBURG. "The case will not have any effect on the senatorial situation nt Ilarrlsburg. The frlendn of Senator Quay will stand by him us heretofore, and those who want to be ngaiust him will take this as an excuse. The proposition that a candidate for public olllco must retire from the contest because his unscrupu lous and desperate enemies, having ex hausted all other methods, and having failed to defeat him In ojen political battle, may then, through the conniv ance of a disappointed district attor ney, institute criminal proceedings, not for tho purpose of upholding the dig nity of the law, but with the express intention of encompassing his defeat, Is too preposterous to think about. These methods can never succeed In a republican form of government. To permit such a thing to be established nn a precedent would bo a menace to every man In public life. The Ameri can sense of fair play, which Is now asserting Itself, will never permit such tactics to be successful. The whole scheme of these criminal proceedings will act as a boomerang before the controversy Is ended and Senator Quay will be triumphantly vindicated." Senator Durham, of this city, was aeked what effect the decision of the supreme court would have upon the friends of Senator Quay at Ilarrlsburg, to which he replied: "None at all. Tho friends of Senator Quay will remain his friends nnd his enemies will nssumo the name attitude they now have. If any difference, these proceedings will make the friends of Senator Quay more earnest in his advocacy than hereto fore. Senator Chlsholni, of Hunting ton county was in the city today and expressed himself more strongly In fa vor of Senator Quay than at any time tilnce these proceedings were instituted. He is earnestly for Senator Quay and can be counted among his friends at Ilarrlsburg. The senators and members from tho city of Philadelphia who voted for Senator Quay In the caucus have expressed themselves on the question, and will abide the decision of the cau cus and support Senator Quay. I do not know of a single Quay man who has faltered or weakened In his sup port of the senior senator: I am con fident of his re-election. The situation during the past two days has steadily Improved, so fnr as Senator Quay'o Interests are concerned. His friends are more earnest and aggressive ami more confident of victory than at any other time since the fight began." WANAMAKE It'S COM M ENTS. John AVonamaktr said: "I have no comment to make because I do not believe In criticising any de cision of a court and besides I do not believe In heaping misfortune upon misfortune." The executive committee of the Phil adelphia branch of the Business Men's Republican league of Pennsylvania, to day adopted a set of resolutions bear ing on tho campaign for the election of a United States senator. The reso lutions congratulate those Republican members of the legislature who absent ed themselves from the caucus nom inating Senator Quay, and offer a re ward of $10,000 for the detection and punishment of any bribery by promise or place, position or pecuniary consid eration. A committee of tho league announced that It would leave for Hnr risburg tomorrow. Secretary of the Commonwealth Mar tin and E. A. A'an Valkenburg, the leader of the anti-Quay Republicans, left for the state capltol this afternoon and will be folowed in the morning by Mr. Wnnamaker and other oponcnts of Senator Quay. Senator Penrose, State Senator Durham and other Quay lieu tenants will also leave for Ilarrlsburg In the morning. Ex-Governor Pattlson and possibly William F. Harrlty will be among the early departures to work in the interest of Mr. Jenks for the Democratic caucus nomination. CONFERENCE AT MANILA. American and Filipino Commissions Meet and Talk of the Situation. London, Jan. 11. The Manila corres pondent of the Morning Post says: "There was an important conference lust evening between duly authorized Ametlcan and Filipino commissions, at the Instance of Agulnaldo. The latter appointed General Flores, Colonel Aqullles and Senor Torres. "Major General Otis appointed Gen eral Hughes, Colonel Smith, of the Cal ifornia regiment, and Judge Advocate Crowder. General Otis yald tho pur pose of tho conference was a mutual understanding of the policies, alms and desires of tho people of the United Stutes and of the Philippines. There was a frank discussion." Sage Judgment Reversed. Albany, N. Y., Jan. o. The com I of appeals today reversed the judgment of 5U,O0O secured by William R. Lalillaw, Jr.. agulnst Russell Sago and oi tiered a now triul. Laldlaw was in Suue's office at the time of Norcro.ss' uttcinpt on Mr. Sase's life and lie secured the judgment on tho 'ground that Sage used him as a shield against the effects of an explosive. Died of Starvation, llavuua, Jan. 10. A boy 12 years of ago was found dead of starvation on Del monto street this morning. Corporal Halter, of Company A, Tenth regiment, found tho body on the stone, with mie candles at NO CABINET CRISIS. Premier Sagasta Has an Audionco with thu Queen. Madrid, Jon. 10. Tho premier, Senor Sagasta, had an hour's audience with the queen regent today and afterwards announced that there was no cabinet crisis, that he would submit to a vote of confidence aim that he believed the present ministry would present Itself to parliament. Senor Sagasta'i statement has caused much excltmont In political cir cles, where It had been believed that a cabinet crisis was Inevitable. It Is not yet clear whether the crisis Is merely deferred until nfter the next cabinet meeting or whether Senor Sagasta h:w succeeded In inducing cer tain colleagues to reconsider their re signation. Several dissident Conservatives, in cluding the Duke of Tetuan, minister of foreign affairs In the Canovan cab inet, and Tomas Castellanos, former minister of the colonies, have appar ently decided to Join Senor Sagasta, Other members of tho party have at tached themselves to Senor Sllvcla, oo that the dissident Conservative party, as an organization, may 1i considered dissolved. SHARKEY KNOCKS KID M'COY OUT The Combat Witnessed by Nearly 8,000 Spectators Strength Tri umphs Over Science. New York, Jan. 10. Tom Sharkey, the American sailor, stands tonight tho only heavyweight possibility for cham pionship honors and the title now held by Bob Fltzslmmons. He whipped Kid McCoy good and hard In tho tenth round of what was to have been a 20-round battle and by doing so th" Irish American pugilist forged his way so positively and un deniably to ih'.' front rank that Fltz simmons must now consider the sailor pugilist's claim without delay. Sharkey tonight was a revelation to those who saw him a couple of years ago. Ills ring work and generalship are so vastly superior to his exhibitions when he llr.'t came to the en t as a fighter that the Improvement Is almost incredible. Great bunches of muscle, with un limited confidence and a cool head are the qualifications which have enabled Sharkey to fight his way to the front rank of hcay weight pugilists and no one, not even McCoy, who suffered do feat at his hands tonight, denies tho full measuro of praise that is due to the Irishmar. McCoy's marvelous foot work and that long left Jab with which he has put so many of his opponents to sleep are two factors in his make-up that must always appeal to lovers of the fistic art. He used cvn y artifice known to the advnnced school of pugilism in his contest tonight und his defeat must not be attributed to any lack of close study on his part of every trick In tho boxing game. Many of his friends feel tonight that he ought to have gone up against smaller game than Sharkey, When McCoy sent Sharkey twice to the lloor In the third round tonight, no one doubted the Kid's ability to hit hard and many thought he had Shar key at his mercy. This idea was soon dispelled when the Irishman began to get to his man. When the doors of the Lenox Ath letic club were thrown open tonight the entrances were well guarded by policemen. From here the stieets In the Immediate neighborhood of the club were patrolled by a force of blue coats and people who booked their seats In advance had no difficulty In gaining admittance to the club house and building. By 7.30 o'clock there were 5,000 peo ple in the house and turnstiles were clicking merrily, so that at S o'clock the attendance was nearly as many thousands at the hour Indicated. The boxes and seatrf in the vicinity of the ring were .tllel up by S o'clock and to look at the gathering of sports one would think that all who are In terested In the winter racing In Now Orleans had by some magical force been shipped suddenly to Gotham. After the preliminary bouts had been decided the betting was 100 to J0 in favor of McCoy. A few minutes later the betting changed to even money. It was decided that Tim Hurst should decide, as the otllclal referee, what con stituted a clinch, and thus obviate any difficulty after the men entered the ring, Sharkey and McCoy entered the ting simultaneously at 10.23 o'clock. Both wore oath robes. Sharkey's was of a dark brown color anl McCoy's won almost white. Tn the tenth round Sharkey went for the upper works with McCoy sprinting to the right, Sharkey having a decided advantage. The sailor let fly both left and tight, landing on the body and forcing McCoy to tho east of the ring, close to the center upright. McCoy faltered and Tom caught hlra with a loft swing on the neck. McCoy fell to tho lloor of the ring, with his head hanging over tho lowest of the three ropes, looking Imploringly around. The Kid lay there helplessly while the ref eree counted ten seconds, after which ho struggled to his feet and Sharkey, not knowing that the limit had ex pired, rushed at him once more, this time swinging right on the neck Just below the Jaw, McCoy falling again. Then McCoy seemed to be In a help less condition, but the referee, Tim Hurst, did not trouble himself In count ing seconds, but waved his right hand to Sharkey to retire to his corner, say ing at the same time: "I counted Mc Coy out on the other fall. You've won." McCoy struggled to his feet and staggered to his comer, where his sec onds were already awaiting him, and they placed him on the stool while Sharkey's adherents almost smothered him with embraces and congratula tions. Steamship Arrivals, New Yoik, Jan. in. Arrived: St. Paul, Southampton. Cleared: Noordluud, Ant werp; Majestic Llverpol: New Yoik, Southampton; Nomadic, Liverpool, Bre mer Haven Arrived: Kalgcr WUhulm dcr Grosse, Now York. Pennsylvania Fonsions, Washington, Jan, 10. This Ponnsylvu. nit 'nenson bus been Issued: luerenso Lor.' "" SENATOR MASON ON EXPANSION HOLDS ATTENTION OF THE SENATE FOR AN HOUR. Claims to Have Information Which Cannot Bo Communicated to tho Senate Andrew Carnegie an Inter ested Spectator His Opinion Con cerning Colonel Bryan. Washington, Jan. 10. Soiuitor Ma son, of Illinois, occupied the attention of the senate for nearly an hour and a half today with a epeech lu support of his resolutions, declaring that the United States will never attempt to govern the people of any other nation without their consent. In many re spects the speech was one of the most notuble utterance in tho senate thus far this season. Rugged lu language, pointed and effective In Illustration. Mr. Mason commanded the attention of the senate and of the galleries from the first sentence of his speech to the apostrophe to liberty which formed his peroration. Several times spontaneous npplause swept over the galleries, but under the stilngent rules of the sen ate It quelled quickly. It wus several minute after the conclusion of the speech before the senate could pro ceed with Its business, on account of the confusion ine'dent to tho congrat ulations which many of Mr. Mason's collengues hastened to extend to him. The Nicaragua canal bill wns discussed by Mr. Turley (Tenn.), who opposed tho pending measure. An agreement was reached to consider the bill on Tuesday, with fifteen minutes to dis cuss each amendment. While Mr. Maon was discussing the statement of the possible bombard ment of Hollo, which he sold la cur rently reported Is in contemplation, Mr. Gallinger (N. II.) Interrupted, say ing that as Mr. Mason's statement was very serious lie would like to know upon what Information It was based, "I have some Information," replied tho Illinois senator, "which I cannot here and now communicate to the sen ate. What I have said, however. Is reported, and has been day after day, in the dispatches of the Associated Press. I may say that I base my state ment upon the reports of the Asso ciated Press. Those reports are that we have threatened to bombard Hollo with Its women and children where our flag has never been raised." Mr. Gallinger expressed regret that Mr. Mason could not give the source of his most Important information, but so far as he was concerned he could not accept his unsupported statement or that of a press association. CONVINCING STATEMENT. "This statement," interjected Mr. White (Cnl.), "has been published throughout this country. Wo all know that when untrue statements are so published they are denied by the ad ministration. Instead of denial It Is met with a silence that Is alike omin ous and convincing." Mr. Gallinger "Convincing to tho senator from California, but not to me." Mr. Andrew Carnegie was an inter ested listener to Senator Mason's speech. He expressed the opinion that the ratification of the peace treaty might be defeated and said that It cer tainly could be if Mr. Bryan would come out in opposition to it. "If he will only advise his followers to fight in thu pass nnd not In the open," he said, "the treaty Is certain of defeat. All that I hear Indicates the Increase of the opposition ranks and 3 am quite encouraged to believe the ratification ot the treaty can be defeated. According to my opinion this Is the opportune time for those who oppose exianslon to do their work. Only a one-third vote is required to defeat the treaty, whereas with the treaty ratified we will have to secure a majority to make our views effective. Hence I say that this Is the time for Mr. Bryan and other onti-cxpanslonlsts to make their fight. Hereafter we will not enjoy the ad vantage over our opponents that we now do. having then to meet them In tho open field." The house devoted Its undivided at tention ugain today to the bill for tho codification of the criminal laws of Alaska and when adjournment was had, all but ten pages of the bill had been disposed of. FITZSIMMONS TALKS. Ho Says That Sharkey Is a Fakir. Cleveland, O., Jan, 10. Robert Fltz slmmons in an Interview here today, said: "If McCoy wins the light tonight I will take him on any time. My money Is already posted, I will fight him for either the middleweight or heavy weight championship. I will scale down io IKS pounds to accommodate him if he wants to fight In the middle weight class. "Sharkey is a fakir. If he wins I may tell him to go and tight Maher. "Yes, I'll fight Corbett again," said Fltzslmmonp in reply to a question, "provided ho whips Maher." Sale of a Railroad. Washington, Jan, 10. No material change has been reported in the condition of Representative Dlngley today. He has been a trlflo mom comfortable and there has been a very slight abatement of tho nervousness which was so severe yester day. About tho best thut tan bo said is that ho la not appreciably worse. At 10 o'clock tumght one of his sons made tho following statement: "Mr, DhiRley Is holding his own and resting tpileily. Pulse good. Doctors expressed them selves liure hopeful." - . Representative Dingley's Condition. New York. Jan. 10. Tho Mull and Ex press says: James K. O. Snenvood, re ceiver of the Philadelphia, Reading and New Englund railroad, said today that tho property had been sold to the reor ganization commltleo through Louis V. Bell, of this city. Ho said It was thought Mr. Bell Intended to dispose of the road to some other system. - Mrs, Placo Will Be Electrocuted. Albany, N. Y Jan. 10. The com I of appeals has doaled a new trial to Mrs. Martha Place, of Riooklyn. who Is un der sentence of death' for the murder of her stepdaughter, Ida Plu-.e. Sho will bo . firm woman electrocuted In tills state, THE NEWS THIS M0KN1NU Weather Indication Todiyi Probibly faiow. General Supremo Court Decide.- tho Quay Application for Writ of Cer tiorari. Admlhlst ration Not Alarmed Ov;r Philippine Situation. Expansion the Theme In Congress. McCoy-Sharkey Fight. General Whitney's Weekly News Budget. Financial and CommerclaL Local Proceedings Courts. In the' Various 4 Editorial. Gossip at the State Capital. Literal-) Notes. 6 Story "The Consul's Story." 6 Local Annual Meeting or the Board of Associated Charlllea. Final iteoort of tlm Grand Jury. Jerseynum Tries to Bunco Serunton- lan. 7 Local-Probable Big Deficit In City Revenues. Reception to Hon. John R. Farr. 8 Local West Scrautou und Suburban. 9 News Round About Sci-jnlon. 10 General Nws of the Soldiers ot Camp MacKenzle. GUFFEY jVAVORS GEORGE A. JENKS Has Withdrawn His Name as a Can didate for United States Senate. Philadelphia, Jun. 10. National Dem ocratic Committeeman J. N. Guffey to night withdrew his name as a candi date for the caucus nomination for United States senator in favor of George A. Jenks, the recent Democrat ic candidate for governor. In doing so Mr. Guffey said: ".Many ot my friends have urged ine to be a candidate and assured me of the nomination, but my desire Is to unite the party and I think the best way to do so Is to selJr-t aeorg-j A. Jenks ami slick to him. He is a safe, clean Democrat, and the vigorous campaign made by him for the gover norship made it possible to elect 87 Democratic members of the legislature. He Is the logical candidate and should be, 1 think will be, nominated practic ally without opposition." Mr. Guffey stated that In his opinion Mr. Jenks was the choice of Democrats generally and he would favor his nom ination. During tho day Mr. Guffey held Informal conferences with a num ber of men prominent In the party and his announcement of Mr. Jenks as a. candidate followed. Tho latter, who was In this city today on legal busi ness, consented to the use of his name. He said: "I really have no desire for tho honor but In response to the urg ing of so many friends I agree to tho use of my name as u candidate for the nomination." Among those who called on Mr. Guf fey wore ex-Governor Robert E, Pat tlson, ex-National Committeeman Wil liam F. Harrlty, e.v-Congressman Wil liam H. Snow den, of Allentown: Rep resentative Dixon, of Elk; Representa tives Creasy and Chrlsman, of Colum bia; County Chairman Moyer, of Schuylkill, and a number of prominent local Democrats. EASTERN LEAGUE. Twice Adjourned Annual Meeting Resumed at Fifth Avenue Hotel. New York, Jan. 10. The twlco ad journed annual meetlns of the East ern base ball league was resumed at tho Fifth Avenue hotel today with President P. T. Powers In the chair. A number of disputes will be acted upon during the session and a com mittee consisting of Messrs. Powers, Shear, Kuntzsch and O'Neill will re port on the financial standing of the clubs which have applied for mem bership, and also recommend a circuit for the coming season. This commit tee, which was apoplnted on Decem ber 13, met at Albany last week and prepared the reports which will be sub mitted. The committee adjourned until 10 o'clock tomorrow morning. Before tho meeting closed an application was re ceived by telegraph from Thomas Lt. Rellly, of the New Haven club. C. V. Blumecke personally filed an applica tion for the Newark club. Among the cities asking for repre sentation In tho league are Worcester, Hartford. Utlea and Albany, as well as Newark, while there Is a desire ap parently in the league to get rid of tho Canadian clubs, Montreal, Toronto and Ottawa, the last named of which held the franchise of the Rochester club. NATIONAL CEMETERY. Will Roceive Soldiers of the War with Spain. Hurrisburg, Jan. 10. Governor Hast ings has received nn opinion from Judge Advocate General ..eoor, of the United States army, In which he de cides that soldiers of the war with Spain may be burled in the National cemetery at Gettysburg. The question was raised by W. Yatea Selleck, of Philadelphia, and was re ferred to tho governor, who In turn aked the war department for an opin ion. Secretary Alger turned the mat ter over to the judge advocate general, who renderd a decision, a copy of which was received today by the executlvo from the war department. Several sol diers from southern und western states who died at Camp Meade last fall were burled In tho Gettysburg cemetery. HAWAIIAN BILL. Perfect by the House Sub-Committee. Washington, Jan. lo. The Hawaiian bill was finally perfected today by the lioiic sub-commlttco on territories and an agreement it-ached to favorably present It to tho full committee tomor row, tlie expectation being that It will bo re'iMitotl to the house tomorrow or within a few days. As agreed on, the bill preserve's In ull essential particu lars the bill piesented by the Ilawnhui commission, A territorial form of government is established with a governor appointed by the president, a delegate elected to congresf, a local legislative body. SITUATION IN PHILIPPINES News Received at Wash ington Is Not Very Alarming. TO AVOID A COLLISION Officers Aro Cautioned to Grant the Filipinos Any Roasonablo Request in Ordor to Avoid an Open Rupture. CJoneral Otis Advised to Co-Oporato with Admiral Dewey American Gunboats Will Prevent Landing of Moro Arms and Ammunition. "Washington, Jan. 10. It enn bo stal ed on authority that such news as has been received today from General Otis is rather reassuring than otherwise aa to the situation In tho Philippines and' that he made no ulluflon to a hostile collision. He has been instructed to use gentleness in dealing with tho In surgents and to advise and co-operato with Admiral Dewey. There Is some reason to believe that the present situ ation may bo protracted longer than would be naturally expected and that there will bo no open hostilities Imme diately If at all. The question has arisen as to the exact purpose to bo served now in attempting to seize Ho llo. Originally it was Intended to re lease the Spanish force besieged, but by their evacuation of that place they have removed that incentive and wcrn it not for the false encouragement it would give the insurgents there is llttlo doubt that the United States troops would not be moved against Hollo. Meanwhile the navy Is expected to draw a cordon around the Island ot Ponay, and nlso Luzon should it bo deemed necessary to do so, to nrovent the further supply of arms and muni tions of war to the Insurgents. Prob ably the gunboats now thero or en route will be reinforced by the Machlaa and the Annapolis and Vicksburg. SITUATION SERIOUS. Although nothing of an alarming na ture hu been lecelved from Hollo, there is no doubt that members of tho administration view the situation as somewhat serious, und are anxiously awaiting further news. No apprehen sion, however, is felt as to tho result of am- collision which might take place between United States forces now on the island and the natives, but the m-esitlent is very anxious to avoid any encounter whatever. He feels cer tain that If the natives can be made to understand that this government conies to them In a most frlendlv and helpful spirit, there will be no further trouble, and so he has given instruc tions to General Miller that the utmost patience must be exercised and every reasonable request granted in order to avoid an open rupture. Members ot the administration express tho opinion that the delay in the ratification ot the treaty of peace has contributed not a little to the belligerent spirit shown by the natives, and as soon as that has; been disposed of It is bellevod that tho recalcitrant element wilt accept it as a notice that the sovereignty of thu Islands has passed in fact to tho United States and that no opposition to its taking formal possession will be toler ated. At the cabinet meeting today the situation In the Philippines was gone over and some time was given to questions of administration In Cuba, ST. PAUL ARRIVES. The Steamer Had a Stormy Passago Across tho Atlantic. New York, Jan. 10. Tho belated American line steamer St, Paul, Cap tain Jamison, which sailed from South ampton on Jan. 1, arrived at quarantine at 6.30 o'clock this evening, after an eventful and unusually stormy passage. The St. Paul left Southampton on Jan. 1, shortly after noon. On tho third day out Chief Engineer Hunter discovered a flaw or crack lu the main steam pipe, supplying the starboard en gine. Captain Jamison was quickly notified of the condition of tho steam pipe and It was decided to reduce tha pressure of steam on both engines to 100 pounds, Just one half tho englne'a capacity when running nt full speed. The steamer proceeded on her voyage, making from 12V2 to II knots per hour as the state of the weather permitted. During the following days the St. Paiij experienced most tempestuous weathers AN ELOPING COUPLE. Among the Victims of the Lehigh Valley Wreck. Shamoklu, Pa., Jan. 10. Word wnl received here tonight that Georgo Jo sephs, aged 17 years, and May Schmin key, aged IS yeais, were victims of yet.U'1 day's rallioud wreck at Wesl Dunolleu. N. J., and had been Identi fied by local lelutlves, Josephs tiled In a hosoltal ut West Plalulleld and tho girl was killed outright. The )oung couple were eloping tc New York to be married, their parent! having objected to the alliance, owina to tho extreme youth ot the couple. Both were of respectable and promi nent families. Senator Lodge Re-Elected. Uu.itoji. Jan. lu. lion. Henry (tbot Lodge was unanimously rctlccted Untied States senator ly tin- Massachusetts leg islature In liiiiu coin, iitloii today. Tin cholco was 111, el. b) iiitiaumtioii. 4--f t-m f .4- ft WEATHER FORECAST. W.tMiliiKlon, ih-v. lii.-Porecut for Wt'dmmdt : For eastern Penn sylvania, IliciuiK-lmj 1 li.licllneys, probably snow Wutlnesday after noon; fresh north to northwest winds. tt-H H-ft.-H-rtititt-r fct-H f t
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