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.
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