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THIi ONLY SCRANTON PAPBIMUSGIslVING THE COMPLETE NEWS SERVICB OH THtASSOCIAJEDPRE IN THB WOXLDL
SCUANTOiV, PA., TUESDAY MOKNINC, OCTOBER 22, 1001.
TW'j'TjSwr'Tn iVVT -T!, 'AHiny ' RkPJSt . ,.Vt5FjfTW5
Alter a Recess of Two Ddijs the
Takina ot Testimony
Lieutenant B. W. Wells Continues
His Story Says Schley Expected
to Come to Close Quarters with the
Colon Rnpid-Fire Ammunition
Ordered Up The Admiral Admits
That Ho Received the "Dear
By Inclusive Win- (mm ll.e Associated I'ri.w.
Washington, Oct. 21. Meutehnnt P..
"vV. "Wells, Jr., wliti was the Hiik lieu
tenant nf Ailiulral Schley while the lat
ter was in romniiiml of the llyhur
stiiydinn, occujiled jnuctienlly tin- en
tire time of the Schley court of liuiuiry
today. On his direct examination he
continued Ills narrative (if tin; Cuban
raniPHi(?n. Lieutenant Wells was un
der cross-examination for alimit two
and a half hours, largely at the hands
of Mr. Jlimna, whose (iiiestlons were
(lireetod mainly to the dlsiiatclies ie
eeived nnd sent by Admiral. th"tt Com
While this line of investigation was
ucItiK exploited Mr. Itayner. HpeakiiiK
for Admiral Schley, said that the ad
miral was willing to admit ilia t lie had
received the "Dear Schley" letter on
the Duiioin, which arrived at Cienfue
sos on May 22, lint he added that no
duplicate of this dispatch had ever been
received by Admiral Seliley He Mild
also that the admiral admitted the re
ceipt of two copies of No. S, Admiral
Sampson's dispatch, saying that the
Spanish fleet was probably at Santiago
and telling Commodore Schley "If sat
islied that it (the Spanish Heel) Is not
at Cienfuegos to proceed with all dis
patch to Santiago," one of these being
received by the Hawk, May 2.'!. and
the other by the Marbloliead. May 21.
Lieutenant Wells was still on the stand
when the court adjourned for the day.
and will continue his testimony tomor
row. THE DAY'S TESTIMONY.
Wa.-hinglon, Oct. 'Jl. AtUT two dav.s' Iiiut
tnis-ion. Hit' h'dilcy tourt i' iiuiuiiy icsiii.ied it
nvolon.- at It o'clocl; today. Captain Coolv, win
i-onuu.itidc.1 tin- Ilionldiu dining tin- Spanish
war, was. recalled .it his own request iinl u:mo
tlio followiiuv st:ttojncn( :
"In my testimony 1 ..iil tli.it tlio Oteuiui mt
flic nioiiilii "t .Inly " w.ic inidir all butli -..
kivlni; .lilttcil It lioihn iicm lonv.ini in nfr. I
mM tli.it tioni liciiAij, iinil piv-uuuil it In In.
cnrici't. in ai'uiiiitliii: tnr Iior rti.iiinliiury
pocii. 1 luitl tint she linl not Miillril boilns
I i.i t morning, bin Hint .!ie li.nl ste.mi nn .'ill Iht
Inilli'M at all imrs vlille in the SjiiIIj:,-ii Mu K-
I .ipt.iin (.'o.ik tlii'n v.'.n cwum'iI ami fmmcr
Mi'iiu-cs wcii c.illcil to ranei I llicii li'Mlinoiiy,
.1. I,, llmilcy, Inp cliii'f inaililnW. mi llic
Texas, wliu U-t woek k-..tiiidl tli.it on .Inly :i lie
was at tln tlirntllo of llic poit riisliii' ot tiic
Texas, wlnl( corrcutlii;; liii ti'..titiiony, m.i nKcil
liy Juilatr. Ailvocato T.omly what oilier luar-liliii.-t
m.i? rtutimiril in ilif poit ciigino mnm en Um
day o( llic baltli'. 'flui xiti'i"4 icplicil tlial lis
wion as Kciicr.il iu.irloi's toniiilul l.c relieved Ma
i ini-t Hill. In leply to (pustlniH by Captain
Thinly, lie Mid tti.it Hasten, who 1i.nl te-tined
that V.o (Cl.i.'.tniO, va. at llio port engine rm
that day, end that the ciijiine was revetted, was
stationed nt the air pumps bad. ot the (indue,
llunlcy raid h? kept his hand on the thiotlle ot
tho engine moet ot the time "and did not IhlnV
it posilhlo tliat thn slanal lo slop or bail; coiild
hvi been ftben wtlliout liU ltiintrleiigr.
O.iptuin 1einly r.M.ril the witness i( lie lud
been on thu Tejs when that wwl lan aiiiinnd
nt Newport. Mr, llayncr obiectid to tlili line o(
evainlnatlon. Captain I.cmly taid that he de
sired to hhmv that tlio wilne's had niUiii,UT,tooiI
nicnal'J thou wall dtatvoin rrsults, and it wa
possible he miKlit have been mi-laleii on tin;
day o( the battle. After a short :u yunn nl . the
court decided that the (Miction wj nut adinis
kihlr. Lieutenant Wells Recalled.
I.lfiiteiiaiit li. AV. Well, jr., who w.n nn Ihe
ttand wlien rourl adjoiiiiied on l'dday, as then
recalled and ((Milled icg.iidiiit; the li.it ti of
July !l. lie tuld lie did not remember tin ianse
at whidi the lliuohlyn flted, but l.e believed I,
10ft yjrdt was the ihotle-t. He deilhed the
mm of the Uroolihn and the cliaw utter the
Spanish ships. Win n tlm Vicay.i i.m inli.iie,
the l.'olnn wa fnnie distance ahead n( the llrnl,
lvn, ."itnl for a time filing1 lea-anl. He nild lint
l,e had rceeivod nnlcis to cet lip a imiulllt, it
rapldfire niniiiunilion. Onin1;- to the ihiiiiier ,.i
the const, it was expected t li.it the IlimiU.ui
and the Colon would tome to close ipurteis. lie
was ordoieil to hive, tlm ammunition irady to
close with the Colon and clui her a lapid ne
when they not cloe toalher. 'Ihe lienteraiit
then rlestrihed the rrmiluder nf (lie i ha.v .ml
the final surrender of dm Colon. He said he Inl
not tee the ''en when the HmoUyn mad' iu-r
ban. At one time duiln the baltle the Ili.ioK
lyn seemed to he alone, ciig.igtiiLT time ship-.
When T.Iciitenant Wills had finished his ile-iitp.
(Ion of tho battle, the nuestlun nf dlnl. iiei as
tal.cn lip. 'Iho ine,sai;e fiom Set lelaiy bou,',
rlated AVaililnetnn, Atay 'J7, lo (he i,ib!o nffiie ,n
Mole St, Nicholas, lUli, ilirn tlnir lli.it II In- de-
IHcrcd to the iiixt Siueiiean war vessel I
live, and intoriiilin," Cnminndoie Si h ley "ihar il.i
mot. absolutely iiign.t Ihiu-.- now is U know
positively whciliiT th.t 'wnlsh dbislon i in
Rintiaso," etc., wjs sliumi ihe wiiness. e soil
Hint It hid been ircchrd bv C,.iiuiioioie Schlei
ill May Ml. Tlie Colon hail bem illsirneteil In
tho haibor of .s.iullaso by Cniiiiiiudoie SVhlcv on
Hie inoniiiii; of M.iv '."i,
Mr, Itayner nhlblled a .h.iit on whlih theie
ne notations lenaiillns die souielliics taken in
flic vldnlty or SjiiIIjko luilior and Ihe Llieiu.Hi
t the hattcrlci Iheie. thl inloinialii.u In lug
(lien aa cf date April .1, Hs.
"Now (jlvfl me the dale ihe ruty iiei..t iiitrt.l
'aiied the order v bu I. lui been nfiu,., to in
this (.lie about not uipp'iu; ships he the sluue
kilteiles," taid Mr. llaynir.
' pril 0, lWis," was the rcunne
Mr, lianer iilcd the wiiue.s if l,e 1,4,1 3nv
ether liiloimitlon In rcfeicneo to Ihe b.iueilct at
Fantlawo ewept tliat itivni on ihe map Hfeneil
lo. lie f.iid the tuinmodoic had leielied 11 iiieiri.
rraiidum ( Infoiiuitleii fiom tin bureau of 1111.1l
.nlelit,'oluc, imboiltiiis- iibout Hie suiie Lot, .,,
tout lined en the ihail.
The Admiral Fearless,
Mr. Itiinrr-Ani I light in Willi:.- that vmi
flh.lis aw 111. oe or as lnuoh 11- I nniiiniiiuie
Ulley iluilni; tiic wlnile of this 'n.iiii.li ujr u,
try one ebe and ijiuo into ronlait wit li him at
luiih as unsbodyy
'I siw him diily ami all lliiunjh 1.1, h ilav,
eiier:illy speaVlnif. '
'H'hJt Mat hit tr'.'nerul bearing, conduet and
(Continued on Cage 1.)
DAVID MAHTIN JOINS.
The Senator Is Now Member of the
I)y l.tclushe Wire Ironi The Asniialed Press,
rhllinlelphlii. Oct. 21. Statu Senator
David Mtirtln, the former national
committeeman and for tnatty years
lender of the Itepublleiiti forces in
Philadelphia, nt a meeting tonight in
the NMiith ward Itepttbllcitn executive
cointnlllee, declared In favor of tho
t'nlon parly candidates. lie avowed
himself 118 it staunch member of the
Itcptllillrau party and declared the
men who controlled the party In this
state had no Just claim to thf title,
l.epublletin. In announcing his Inten
tion to support the I'nloit party ticket,
Senator Martin said:
"There Is no Iteptilillcini orgnnl.iii
tlon in Philadelphia today. There Is
not even ti semblance of one. Kvell
the men who In public deny the truth
id this don't hesitate to ndiiilt It when
It stilts llielr purpose to do so. It Is
not oven necessary to prove this by
recalling Ihe past records of the men
now assuming to dictate rules of con
duet for those who want to continue
as Republicans along the lines laid
down by the founders of our party."
ROBBED OF $74,610
Tltieves Tunnelled Under the Build
ing, Cnmc Up in Stamp Room and
Took Everything in Sight.
Ily Ctibu-be N ire hum 'Hie A-soi l.iled Pi ess.
Chicago, Oct. 21.- The robbery of $7-1.-I!1U
ill stamps was discovered here this
morning when the wholesale stamp de
partment of the postolllcc wit's opened
foi' business. A rapid Investigation
developed the fact that the burglars
bad crawled under the lloor for about
3fin feet, bored a hole in the bottom
of the vault, obtained the stumps and
(.swiped, carrying their booty in a wag
on. The work of forcing an entrance to
the vault bad evidently been, going for
ward s.lth the greatest patience for
many days. It is believed, however,
that the Intention of the thieves had
been to cuter ihe cashier's vault, in
which there was fS.I.MOO in money and
stamps valued at hundreds of thous
ands of dollars. The bottom of the
vault is of steel, one-half an inch
through. In that ninety-seven holes
wpi-c bored until a space eighteen
inches suua re just enough to allow the
entrance of n man's body has been mi
weakened thai It was possible to take
out the whole plate with little ditllcul
ty. A dry goods box stood over the
bole thus made and concealed the work
of the robbers while it was in pro
gress. AVP.cii discovered today tin
linger marks of one of the burglars
were still discernible In ihe dust of the
box which he had pushed aside.
So carefully had the scheme been
planned that men working in oilier
parts of the building had not the .-lightest
Inkling of the daring robbery being
perpetrated almost under their noses.
The robhf'is drove up to tile south
east corner of the postolliee building in
a wagon, the tracks of which could be
seen plainly today. The building- is a
temporary affair, and the men had only
to open a little door to admit tlicm
.welves under the Hooting. To reach the
vault it was necessary to -crawl about
.;un feel over the odds and ends of
boards which littered the way. The
route evidently had been carefully
studied, lor u detective who went
through today without knowledge of
locations became ln.-t and was almost
overcome by tile foul odors before as
sistance reached him. Having obtained
the plunder, tin; robbers loaded It In
to tlie wagon, drove across a. vacant
lot and turned into Wabash avenue in
fiont of llio Ait building.
Of the $74,(110 in .stamps taken .y.,712
worn In "postage due" stamps and
H'.Otii) in special delivery stamps. So
the convertible stamps amounted to
ii7,!2S, but of these SI.S2S were l'an
Amt'iieun plumps, of S and in cent ile
unmlnntious. Washington, Oct. 21. It Is explained
at ihe poslotllee department that the
law allows a. credit up lo $fi,n(ni to
postmasters In tho- olllces where losses
occur, in which proper precautious had
hct-u taken. All above this nuiotiu! has
to depend upon Ihe action of congtvss.
Postmaster Coyne will present" a
i.inlm for the iiinoitnl of tlie loss ami
the dcpuiiiiicui will truiii-mll H to
congress. .Meantime any balance
against him mi account of the loss will
remain outstanding, but if congress
should fall to act favorably he will be
called upon to make the loss good, it
is ti foregone conclusion, m cording to
tho belief of postal nillclals that the
relief will be gi allied as usual In sinii
NEW HEIR TO THE
Peitze, n Nephew of Prince Titan,
Is Said to Be the Candidate of
11,1 i:lllls.tfWllefliiliiiip -iill.llnl Pies..
I'ekln, Oct. 21. A new heir to lite
throne will be appointed whin the
dowiitscr ellijiress iiiertis I'rfiiui t'liliig
and several of tlie vlccro.v.s at lai
I'Y'li's. capital of thu priiiiiae of llo
Nail, where there will be a general dis
cussion of thu ali'alis of the empire.
This neWri Is licl.cvcd to lie authentic,
Its It was received from high Clll)i;.-e
ollicluhs. The picseiil hulr. Pit ('Ma
ban proved In be dissipated and ipt
controllable.' .Moreover the status of
his failier, Prince Titan, lift u iiunioic'il
prince, makes hl-s succession 'onir.uy
to Chinese traditions.
The candidal" til the ciitpiess is taid
to be Pclt'.e. it nephew of Prillto Tilini,
who Is intellectually weak. lie. partlci-
1 lulled 111 I In. Itnvcr jll''.'e.ss!olls. liro'-
soually leading an attack un tin- French
cathedral. Tho reform fucilon tljs.
appinvi.'s id the selection and suggests
that iho powers oppose It If tlm em
pros wishes to cany It out. I'linco
chlni; siiiiis about November 1 from
here to act us gi'iiml niuislinl for the
court on Us journey from Kull j-Viiir.
Judge Siinonton Files Opinion Giv
Ina Reasons lor Satur
GROUNDS FOR REJECTION
Meeting nt Which Mr. Corny "Was
Nominated Was Illegal Because
the Philadelphia Members Who
Were Expelled at the Time Were
Not Permitted to Participate in the
Gathering nnd Vote Indications
Tliat He Will Be Renominated.
Ily Kuludte Wire from The AstOi iated l'ia.
llnrrisbttrg, Oct. 21. Judge Slinon
lim tiled an opinon of the court this
afternoon, giving Ihe reasons for its
.ItidgiiieuL on Saturday in declaring in
valid tho nomination of l.epresenta
tlve K. A. Corny, of Pittston, for stale
treasurer by tho Democratic, stale
committee.' Thu nomination was re
jected on the ground that the meeting
at which Mr. Corny was nominated
was illegal because the Philadelphia
members who were impelled nt that
time were not permitted to partlcipato
in tlie gathering and vote on the pro
position to nominate Mr. Corny. Waiv
ing the power of the state committee
to appoint tlie llasson committee, on
whose recommendations the Phlladel
plilans were expelled, Judge Siinonton
states the action of the committer- In
expelling Patrick Donahue, Thomas K.
l-'if.-pn trick, Thomas J. Kyan. John
Thornton and Kdward l- Hemis, was
Illegal because they were not given
notice of the meeting of the llasson
(oniinittt'o, or opportunity to answer
tlie charges of ."parly disloyalty," on
which grounds they -were expelled.
The action of tlie llasson committer!
being Illegal, the court states that t no
action of the state: committee by which
It was adopted was also illegal. The
court admits the right of the state
committee to nominate candidates for
state olllces when si vacancy occurs on
the ticket within thirty days before
the flection. Uecause the Philadelphia
members were not given an opportu
nity to be heard ia their defene, be
cause of the nullity of the llasson
committee, the Phlladelphiuns weve
members of the committee at the lime
or the nomination of Mr. Corny nnd
arc still members, and as they were Il
legally excluded therefrom and others
having no light to membership were
substituted in their stead and look
part in tlie deliberations and balloting,
the coininiltee. was illegally constitut
ed and bad no power to nominate any
one or to certify a nomination, chair
man Creasy has called a meeting or
the coinmlltec to be held in this city
tomorrow to renoininalo Mr. Oor.iy.
To overcome tin; court's objections to
the original nomination, notice- of Hie
meeting has been sent to the Philadel
phia members who were expelled mid
it Is expected they Will attend and
participate in the meeting. The time
lliull for certifying nominations by llic
state department expires tomorrow, t-o
that the nomination of Mr. foray will
be made In time for ccrlitlcatloii on
Will Be Kenominnted.
The indications are that ltopreseuta
tlve i'.llshti A. Corny, Jr.. of Pituton,
will again be placed on the Democratic
ticket for state reasurer to till the va
cancy created by the di clsioii of the
Dauphin county couil declaring Invalid
his Humiliation by the Democratic
Stale committee at a recent meeting.
A confeienco of Democratic leaders
was held tonight at the Commonwealth
hotel nt which It was unanimously de
rided lo again nominate Mr. Corny and
to lake no action for Hie present In the
case of the Philadelphia members of
the state ccmmlttco who were expi-lled
at Its ivi-out meeting and whose ex
pul.slon the court decides is Illegal,
The conference was called by chair
man Creasy lo prepare tlie details
tor tomorrow's meeting of ihe .state,
committee to nil the vacancy hi tlie
ticket and discuss campaign matters.
Among those present was Samuel I,.
Ckineut. Jr. secretary of the I'uhin
party In Philadelphia and members or
the llasson committee appointed by the
recent Democratic stale convention lo
lake care of party affairs In Philadel
phia anil on wiio.se reconiiiieiidatbui the
state commit U-t'inuit fiom tliat city
were expelled, Mr. I'oray Us also the
imr.iii"e for state treasuier of the
I'liion and niiuili-ipnl league parties.
Il. Ksii-isivi! Win- hum Tin Aweiab',! I'icss,
l IiIimuh. (hi. -I. -ihe hat I III1.' le, mils nf pl.iy
Us in Hi" Alui-iliau h.isii lull league who have
latin p.ut in ten in- more uanics liuiin-,- tlie pat
M'Kon have been lompiili'il, The aividi-i-s ul the
twibe leadllit. hit I si are a tollim-,;
lajoie, Phinlclphhi , I--"-'
Will-,-. Philadelphia , --7,1
Mibiau-, llihlmcic ,, , t'.v:
I'leeinan, lln-ls'll , ,-;rj
Ciill.iktn, t'hliasp' , , ai
lloiiliu, lliltimoie , ,.,.,... ."HI
Ai.ileir-'ii, Mllw.iu'.iie , siii
M-jliiiM, Philadelphia ,,,,,. !SJ:i
to., PhihiiMpliii ,i
llarvej, Cb-u'laiul , :tfi
( iilllus, lliMijn ril
IvUtii-, llaliiiiKiii- .
riist Executions at Havnnn,
I l.i fxcltisisc Wire fioiu ii Assi.ilaleil i'leis.
Havana, 0, t. 'J I. Two linn uinutiil 01 iiiu.dei
will he i'.eiiileil by Ihe aauole ni-M MVilue-d ly.
ihe '! will he tin' Ih.i csi'i allow, suae ihe oiiii
pjl'i'ii of ih" Island li.v i,e I iilud Mules.
Ily i:cliui.e Wire from ihe AiMniated piru.
m Ami,, 11.1. -Jl. -Cle.iicd: ;ui.r Wllhelni
II i- liiiisss-, Itrumii vii I'l.i moat h and I licrhoiiiR.
lai'l.illur Atiiud: lloluiui'lleiii, ,en vil un
.N'uplci a 11 J (icuja.
A Conch Overturned by it Ntngnra
Ily kveluslve Wire from The Associated Pu-ss.
UnrCalo. Oct. 1!!. A big (sightseeing
tnllyho loaded with exposition visitors
was struck and overturned by a Nia
gara street car thin evening. Four
women wore more or less seriously In
jured and every one of tho passengers
was badly shaken up. Kdwnt-d Cleary,
who was driving the tnllyho was ar
rested on the oh urge of criminal negli
gence. The seriously Injured are:
.Mrs. llohi'i't Dcmaln, Pittsburg, both
legs painfully Injured; Miss Marie
Spi-nguo, Pittsburg, concussion of tho
brain and mlndr injuries! Mrs. Mar
garet ltussell, Pittsburg, ankle sprain
ed; -Mrs. Nellie Wlnslow, Pittsburg,
Cleary drove the horses on the track
whim the car was only lift .v feet awuy
and coming townrd the tallyhn at a
high rate of speed. The car struck the
heavy vehicle with terrlllc force, send
ing the passengers sprawling In all
Delegntes of Thirty Foreign Univer
sities Attend Picturesque
ily lAehi-iio Wire fiom 'I lie As..oii.ited i'icss.
New Haven. Conn., Oct. 21. Today
Yule t'niverslly. decked In festival at
tlie. extended formal welcome to her
returning sons and lo the hundreds of
distinguished guests from other Institu
tions of learning In this country and
across the seas who are hero to attend
tlie celebration of her bl-ceiitennlal.
The welcome- was voiced otlltialty in
liattell 'Impel this afternoon by Pres
ident Arthur T. lladley of the uni
versity and responses to the greeting
wen; given in behalf of the city, suite,
and nation, and of tho universities ot
ill-cat Ilrltaln and continental Kurope.
Delegates from thirty foreign universi
ties and societies and from li;3 Ameri
can Institutions were represented in the
audience, which tilled every part of
the gray stone chapel.
Nearly all the delegates were
gowned in the academic costumes dis
tinctive of their degree or of their uni
versity. Scarlet-trimmed gowns and
hoods of doctors of divinity were ming
led with the purple of the representa
tives of tlie law. the blue of tho doc
tors of philosophy, the given of tho
medical departments, the white of the
master of arts and letters, the orange
ot science and the brown of line arts.
Kvorywiiei-e was a variety ot color
which, combined with the universal
blue of the Yale decoration,-!, gave a
plciurcs(U(! air of festivity to the dig
Thomas Timelier of lie- New York bar
delivered an address.
"William J I. "Welch, M.D.. T.I..D., pro
fessor of pathology In Johns Hopkins
univeislly, was one of the speakers at
till.- forenoon exercises in the chapel.
"Yale in Its Jb-lalon to Medicine" was
the .subject of his paper, which was a
careful and thoughtful history of tlie
work of tlie university in the medical
department and 11 summing up of the
science tluougli the study and re
search of Yale graduates, who have
won distinction in Uils path of learn
ing. Following the address of Dr.
Welsh formal exercises were suspended
ittilll :i o'clock when President lladley
delivered his address of welcome. In
response to his address congratulations
to the university were extended by va
rious speakers for the graduates, ex
Senator lligghiM of Delaware, class of
1M11; for the city of New Haven, Mayor
John P. Sttltlley; for the state of Con
necticut, Ciovernor (it-urge P. McCanii
and for ihe nation, Senator O. II. Piatt.
Foreign and American universities
weri! represented in the responses as
follows: The universities of Ureal
liiitalu, James D. Williams, D. C. 1...
fellow of Lincoln college, Oxford: the
universities of Continental Kurope,
J'Yilor Frederic Malleus, 1.1..D.. univer
siiy of Si. Petersburg: universllie.s of
the South, Charles "William Dabney,
Ph.D.. Ida.D., president of the univer
sity of Tennessee; I'liIverslUes of the
West, William Kalney Harper, presi
dent of the university of Chicago; 1'nl
versilles of the Kuril, Charles William
Kllieotl, tircsident of Harvard i'ul
verslty. At .1 o'clock President Had-b-y
received tlie distinguished guests of
the university and ivpioseutntlves of
the alumni In the School of Fine Arts
Tin- Until feature of the day was Un
spectacular parade of students and
graduates of Yiilu iiccimipiiu'ed li,,- .siud
I'lit delegations from oilier Institution--,
wlio marched through the city's gaily
deeoraled Si reels gowned III costumes
symbolic of tlie two centuries. About
-'.Don men were in line.
DONGOWSKI A SUSPECT,
Arrested on Chnrgo of Being One of
the Wilkes-Barve Dynamiters.
11,1 Km Itisltu Wile fiom The .Woilateil pies.
Uilkesllnre, Oil. ti, Alc.viiiilci lionsmishi
was ,11 1 iv t id Ind.ii, iliaiiil with helm; one nf
tlie lili'li wlio il. II ul ll.lliamllc lllidei Him house
if lln 1 Mipt'lliiliiiileul Hies,. .Mi.iuaii .i.t intjlil
mid uicckc'l ll. 'I lie pllsoner was fnimetly an
iiiiplnjo "i" the .viuiraj mine, . hciu Mr. Mumau i
j.asi '.'..el, he as ilbihacaY'l end i mi. I li.
I. in- 111. ele 1 1 1 n-.i 1 s llnl he uiiuld K,t iu n wltii
soini body, 'fhe poliie ,110 i,lter lv,, otlifi- men
who me ali lo line hem nupliiaiul uith p.iti
rimhi 111 Ihe Uenl.
Land Piiao Winner Dead.
l j:.si.ii,le Win- iumi Ihe As-ocialed J'icss,
l.iiMuli, a. T. Oct. Jl.--.lanus II. Wo'jd, Mini
drill' tin- capital pri.e 111 the l.miou laud dis
till I at the kl Iteno hotio lail AiiKUst, and
sellled oil a 1I.11111 saliicil al 11e.11)- s.-.o.tmi, Is
dead of Ijphoid I'e-.er alter a In in lue.s. IScioic
his ileilli all Ihe .outi-is auain-t Ins ipiailei s-c
linn liaini aioliili,g the Iomii ei binlon hid been
ilbpo-eil ot by lie- nitilioi itepaiinieiil, and his
willow will luiiie lulu uiibrpiiliil poi.se.siim ul ll.c
Minister Slioots a Negro.
Il.v l.'s linltc Wire fiontTlie As.uiiati-il Press.
Madl.oiiville, Kl., '' 1. Ul. -Ite. Ilimi-ne liar
I. 'bun, paslni ol lilt Methodist l.plttopal 1 hutch,
shot and billed a nei'io lunitil .Hit Lewis early
today nnd sjui'ieiiileii-il liluisell lo the author!! lei.
The itiiuUlir ilisi-oH-ieil the lu-uin tiling lo illeit
an vuliaiiie Inlo Ids hints,'. The iiouml'n jury
al liboil U'liJuK-d a M-ldiit of jtistlllalilu liolilleidi'.
Hot Report iron, tlie Goininiuee
on Public Morals and
ON SUNDAY DESECRATION
Much of the Lnw-brcakiug- iu This
Respect as Well as the Intem
perance Is Attributed to the In
fluence of the Foreign Born Popu
lation Resolutions Are Passed
Against the Army Canteen Re
pot ts of Work Among the German
By Kxehislvc Wire from 'fhe Associated Piess,
Pittsburg, Oct, 21. After the Sunday
rest the synod of Pennsylvania again
took hold of business this morning
with a rush. There was a run of
business, and many routine reports
were read and adopted without discus
sion. The hot rejiort of the day was
that of the committee on jiublie morals
and temperance. It emphasized the
Increase of "Sabbath desecration, vis
iting and riding,"
The Anti-Saloon league was endorsed
and the anti-canteen law was ratified.
The report was iiresentcd by the Rev.
Dr. Henry Bain, of Poke Hun.
Tho report nays:
"In the larger towns and cities the
number of saloons has multiplied, and
drunkenness Is on the Increase. Most
of tho intemperance Is found ninong
our foreign-born population. Sabbath
observance Is declining. There Is more
visiting and driving In country places,
nnd there Is marked decline In the
keeping of the Sabbath us It ought to
lie kept in towns and cities. Much
lilninrt Is put upon the foreigner, but
his bad example is followed by many
native Americans and their children.
Many young jienple seem lo care little
or nothing for the day. Many leading
jieojilo In our churches set a bad ex
ample. In many parts of our com
monwealth the old fashioned observ
ance will never return."
Against the Canteen.
The resolutions against the iirmy
canteen vvns adopted-by a rising vole,
;ind the luciichers were ordered to
preach on the subjects of temperance
and Sunday observance,
llov. Ferdinand Von Krug rejiortcd
on the work among the- (lerinans. The
seven German churches of the synod
report a membership of l.MS: Sunday
school scholarship, 6L'.": contributions
to the board of the church. $1.1.11; con
gregational expenses, $lii..'!Sii; members
The Itev. Fdgar F. Johnston reioiied
on young jieople's societies, that there
are Till of them, with a total member
ship of ;!i',!i7l. They are decreasing in
number and in membership as com
pared to the previous year. The re
port on publication and Sunday school
woik was presented by the llov.' . 1. I.,
Polk, of Faggs Manor.
The ltev. Charles K. Kd wards wanted
a. resolution added to make tin; board
publish lieiiodieals In the Slavonic lan
guage. It brought the ltev. Dr. Henry
T. McClelland to Ills fret, Willi tile
"1 am opposed to giving Ihe children
of foreigners anything except straight
Kugll.-sli, nn where In North America."
and it killed the Kd wards ronlutlon,
The Itev. 1-mseite It. Mateer report
ed on systematic beneficence, urging
increased contributions. Some routine
business was run through. Closing ad
dresses were made by Moderator T. 1!.
Heeber, Dr. Cilbsou, J. ,1. Matthews and
others, nnd the synod adjourned to
meet next your In the First Presbyter
ian church of Allegheny,
It was a hard camiuilgn to head off
the report of the commit Ice in favor
nf Dubois, but the ltev. Dr. I avid S.
PRESIDENT EN ROUTE
Mr. Roosevelt nnd Pnrty Travel on
Special Train Over the Pennsyl
Il.t Ia Ill-He Win bom The As-oiiitid pic..
Washington, Oi t. 21,- President
P.oosevelt left Washington at l,.'n this
iil'ternooii for Fnrinlligloii, Conn,, on a
special train over the Pennsylvania
railroad. The train consisted of a pri
vate car, a Pullman and a locomotive.
The president WHS ltccolHiiillled by
Coiiimiiuder Cowles, his hrother-lnlnw,
at whoso suiiiini.'r residence he will
slop al Fuillllllgton; Secretary Coiiol
you, Dr. Ulxey mid Mr. Humes, one of
Mr. Cnrielyou's assistants, on Wed
nesday tho president will go m Y.ile
college, where tin degree of 1,. D. Is
lo be t (inferred 1'Jioll llllli, III) Will if.
turn to Washington mi Thursday.
.New York. Oei. '-'1, The train bear
ing President Itoosi-vcli and party
leached Jersey City n, lu.lii p. 111. The
pit'slduul i-iu'llt most of llio Hum after
leaving Wntililiigloii in the observ.it !od
car. milling for Iho night nt id o'cioi k.
After reaching Jciwy ciiy, tlm tram
was run onto ihe ii-.insjiort str-uiner
Maryland and tukeii up tho KaM"fYv ot
to Port MoiTK Where ll liroceeded to
Ily Jinlusive Win- fiom ihe Asstieiaiid l'ie.
Tiuii'in, V .1.. UK. 21. Tlie iiuvhii.bts cm
ilo.M'd by lie dohii V. Hoi-hllm; Mil,' loi.ipany
ihi'arcd .1 suite lonlyhl, ihey claim 1I11.1 the
I it 11 1 Ims ouhieil tin 111 hack lo kl'ily hums ivulK
a urt-k alur i! sjuin 1 intuit; tin tinloics it.
iiiati'ls tor a -lieil will..
Cioker's Cork Contribution.
iy Kjclushe Wire Item ihe Associated 1'itM.
Toil., Oct. -Jl. It Is iinuouim-il that lit, haul
fiokcr has sent V) to tlr- toil, I11i1111all0i1.il
MR. KOESTKR APPOINTED.
President Roosevelt Terminates Con
troversy Over Collectotshlp.
Ily l!clti'he Who from The Associated Press.
Wellington, Oct. 21. Tho president
today niipolnled (ieorge K. Koestcr
collector of liitirnal revenue for the
district or South Carolina, to Hitcceed
"W. li, Webster, deceased. The ap
pointment wins nunnunced shortly be
fore the dopitt'ture of the jiresliletil for
New Hnven today. With the nppnh.t
menl, the following was issued:
".Mr. Koester Is a iiroinlnent Hold
Democrat nnd has been recommended
for the jilaeo by a lurgo number of in
fluential business men nnd representa
tive citizens, not only of South Caro
lina but of North Carolina and else
where." Tho appointment ot Mr. Koester ter
minates n controversy which began
upon Mr. Hoosovclt's nccesslolt to tho
presidency, it was In this connection
with this iiiijiolntinent and that of rx
I'Sovornor Jones to 11 federal Judgeship
In Alabama, that tho president an
nounced that his policy In regard to
Southern njijioliitnieuts would bo to
name suitable Republicans if they
could be found, and, If not, to appoint
Senator MoLalttin, whom the presi
dent consulted about the matter, sug
gested the name of Mr. Koester, -who
Is known in the stale as un Independ
ON MINE CAVE-INS
Supreme Court Decides That No
Damages Can Be Claimed Un
less Mining- Has Been Done
Within Six Years.
By Kxclusbc Wire from ihe Associated Tress.
"WIlkoF-Hitrre. Oct. 21. The Supreme
court has handed down an opinion on
tlie. iiueslion of mine caves which will
have a far reaching effect on property
in the anthracite district. The ojiin
ion is written by Justice Dean and is
Is the case of Michael Noouan, et al
vs. tho Calvin Pardee Coal company.
The iiliilntlff purchased a lot from the
defendant company in J8'.0 and erected
a house thereon. In 1SA2, while oecu
liying the dwelling a cave-in occurred,
the earth's surface subsiding about
three feet, which damaged the proji
Suit was brought against the com
pany for damages and at the first trial
Nomina was awarded $2.70(1. Tho low
er court granted 11 new trial 011 certain
reasons of error set forth by the de
fense. At the second trial plaintiff was
awarded $2,790. in April. MOO, the ease
went to the Supreme court, and the
decision of the higher tribunal revers
ing tlie verdict of the lower court was
tiled with the prothonotnry ot lAinerne
The Supremo court decides that no
damage can be secured for ln-ojierty
injured by a cave-In if tlie mining was
done more than six years before the
cave occurred, or suit was brought, as
the statute of limitations would inter
vene. Furthermore, the court says,
neither equity or law demands tliat
any unjust burdens should be
placed upon liie coal operator.
Any heavier burdens would encourage
the iHirchuse of surface over coal mines
for sjieculntion in luturo law suits.
It Is estimated tliat In Luzerne coun
ty alone 'there Is property built on the
surface of coal mines valued at $00.0110.
000. the coal underneath which has been
removed within six years, and if a
cave-In should occur now, according to
the decision of the Supreme court, there
would In- no redress for owners.
Swift and Smith, the Missing- Offi
cials Return Loot to Amount
lb HvhisHe Win bom i lie Associated Pics,
Lowell, Mass., Oct. 21, The liuunclal
tumbles which had ciiummI great sus
lieiise to the ofllcers of the Merchants'
National bank for three days owing to
the dlsajipeariiuce of Its Idler, Albert
;. Smith, and Its hooUkenper, Lewis
II, Swift, priii-th-iilly were smoothed
out today. The bank has lost about
Sllo.ooii, The directors olllciiilly statu
this, and at the same time sav that
they have had returned "valuable se
curities." These "valuable seriliille.-'." us de
scribed b.v one director, were returned
In carpi t bags iltld leire.-elited bonds,
notes and other negotiable imperii and
big bunches of money, all supposed to
have been taken fiom the bank vault
just prior to Ihe ilnm the men dlsai
lieiired 011 Thursday night. It is gen
cinlly believed the iib-n were In Huston
until this morning, and that they are
some distance away.
The loot from the bank vault was de
livered at ihe bank very early this
nun Hints' after the bank directors hud
been lu confci ei.ee at p hotel Willi
lawyers rcpi'-seiiiiug tin- men.
What ih" .iKivoinoiit was by which
the bank got back the givnicr pari of
the plunder will not he stall d, but the
happiness of all the bank's oiilccrs ex-pl-esstd
without icservi, Indicates the
si-iioiisuci-s of the situation prior to tin
aj,!lceui"lit. Smith was under sao.iina bund, but
Hwllt 11.S bookkeeper, was not mipiiom-iI
to bundle money nnd to was not bond
ed. Several of llio dlredors have stat
ed that they don't expect Smith m
Swift to return here.
The t-ei'ilj'it leu leiurned to the Mes
chains National lianj. by Swill ami
Smith w'ie valued ittMnii,iiOn.
No News from Miss Stone.
It.i I.mIusI.I' "Yin Horn ihe An.oitated 1'ieti.
lull.! nil ins'ph. Oil. SI. The ollhials 111 tlit
lulleil Miles l'-,i:l"H 11 1 e slid without Hens
lieu! ihe uibsii'tialies who ate sed.iittr to nuke
an .iiraimeiiiciil will Hi' abdi.Uoi of MUs ni
hil VI. Miy and litl iiiiiiAi' J.. Mine. Tsilka,
ll is 11-,'aiile.l a. (Unliable tliat tin- liilluliauc
will 11, e lite nea 1 1'.;; lehttiupli only when I lie
ui ins of the Mit-uiii air Killed, ill nil I lit; wh'.'U'
an I how tl,i Usli shall he tent.
! KNOCKED OUT
Supreme Court Reverses Decision
In the Board ol Tax Re
OPINION OF HIGHER COURT
It Declares the Acts to Bo Unconsti
tutional on Grounds of Special leg
islation and Reverses tho lowea
Court, at the Same Time Granting
the Injunction Prayed for Opiiv
ion Written by Justice Mitchell. ,
f!y Jlxtlusiie Wire from The Associated Tress.
l'lttsliurg, Oct. 21. Tho Suprema
court bunded down a decision reversing:
the finding of common plens court No.
I! of Phlladcljihlii, In thu board of tux
Tlm opinion declares the acts to bo
unconstitutional on the grounds of
sjieclal legislation and reverses thu
lower court, at the same time granting
tlie injunction prayed for.
The opinion of the court was written
by Justice Mitchell. It Is ns follows:
Two (ethnical objections lo the bill may ho
Ib-st noticed, iiiete are .somo supeinitotis parties.
Tin- two plaintllLs, who am of charters, me
a special inlriest. Willie tin re is no vested
tillo in tin ofllee not protected by llio constitu
tion, yet the holders bale a Fpcri.it inbiesl nut
to be demlicd of it by unconstitutional means.
They eoitld, however, defend their possetxsion afler
I lie election, and. it the bill was filed by lli-nt
alone, il would he a pufflcirut answer tu refer
to their leinedy at law. Hut as tho bill Is brought
in behalf of taxpayers-, the addition of tlie office
holders', Ihoufrh uiineci-ssaiy, does not harm, 'tins
taspayeis' standinir i.s beyond question, nnrt the
sma lines.-, nf their intercut atlects not their right,
but tlio disciftioti of tlie court ia the application
ot the nuiLily by injunction.
'Ihe offlcris of the llepiiMii-iiii county conten
tion and the landidatca iioiniiialeil liy it ore also
Improperly joined ns defendants, but s no al
llinialive relief is ashed asiinst them they 1110
mi-iely suiierthious paitles us to whom the bill
may be dismissed.
The bill vviw tiled late and on the eve of clec
linn, ti iiractk'd not lo be encourajred. If a
simile lneinhci of the court had a doubt on the
law- w-e should istpoue the decision. Put tlm
time, iliiiugli .shoil, is sufficient for .so clear 11
The ail of April lit. I!l. P. !.. '.'"', known as
Ad .No. ti. pliinly i-bntr.it eniH the inhibition in
M'Ctinii 7 "l" aitieh- ,'l of Ihe constitution .-litaiiist
passage nf any local or special law- regulating the
titfaiis of counties, cities, etc. It pruwdos "that.
Ilieie shall be cbrted ill each county oo-evtciishe
in (he bouiiilaiy witli .1 dly of the liit class llure
1. 1:1 -oils lo seiio as uicinhcr.s- ot the board ot re
vision of t.iM's." ele. This ilcnrlptt"", cannot ap
ply I'ilhel- lit tin- iileselll time el' ill tin- piovi
ln.ile iittin-e to any toiiiiiy hut Philadelphia, and
tor lint leason the ait is indi.-iinetly local and
The fa.i that the law applies lo only one nullity
iiiiw wiuihl be ol siitlicient nbiutloii if ill natuial
piKgrcs of etetil.s under cvlsllug l.iw.s other may
iuw into ihe 1 las.s lioioattci. llnl die way must
be 1 lear lor them lo do .so. No Midi way is left
npiii in litis staiutc. Tin re is no oilier loutily
tli 111 Philadilphi.i vvhieh is now co-evtenstve
in bouiiilaiy Willi .1 lily of the 111 si class, nor is
then- any liw on (he statute boohs liy viliidi any
oilier lo'.'tily cm beioine so.
If any city .shall lKieaftei- kiow into tlie fust
class, as J'iKsliin-g is i.iphlly iloliijf, its LOimiy
will not. tiime under this act without furrhir
IcKislatiiiii lo eiialih- il to do so. and even tin n
it will fo.ue In, not liy virtue of any gciicullly
In this net, but by lie- provisions ol i-ucli Milise
ii(iit leiti.slation. Sa far a.i the upeiation of din
an is 11i11ce11.nl. it not only applies to but one
i.jiintv now. but petiiianeiilly cuiudes .il!
ullieis, That is net cl.issinoalion, but spe. ial
and lot al legislation on a fuililsbls.it .siibjert.
The other ad of the same dale, Xo. fi'i of the
sessions, 1', b. til, is also set out lu the bill and
is to ileaiiy coum-okil Willi No. w! liy Its sub
jcit .itid juovisloin lh.it it Is piopei- to cuibider
ll Is an .11 ( ii-peilliig- a seilion of (he ael of
lsiW, being mi nun ii a.s provide! for the appoliit.
tiieiit of a hoaid nf n vision of laei( In the comi
ty of Philadelphia, ainl also tlie supplementary
ait of I Mli and ,-e. lion one of Iho act of Imi"
ihls ait Is rqiiiillv and even more frankly I01.1l
than . Mi, for II applies only to the cily of
Phil.i(lclihii by name. It l argued, however,
that il is valid, under the Ji.ut of (.eifion ",
v.lihli penults the passage of laws, repealln?
.spcii.it or local ii.-t. The piesent ael, however.
Is nut a repeal of the act of Isul, but only ot a
p.ut ol ll, ainl lit -licit manner as to amount
ineiely 1 1 alteration of Ihe local law.
The ohjict of (he pet mission ill tho consiltif
tluii to npeal local and .spetial lavv.s was to al
low the ligi.slatuie to do away villi i-Meptiotn
ami lulus iiiteiesls itevioitsly mnlor special ir
loe.il .slatnles into lonfoiinily with tho proiici.il
laws of the slab', ihi.s net d,.e nollilug of Ihe
hind, ll merely Hides a ili.iuge iu die mod" et
lillit'g of tillin', whoso name, powers and dutiei
.lie h-il as they w.-io liefoie. This Is n-it repeal
ing tin eld loi.il liw, but in.-iking a new one.
As lids iibjeilinii is fatal tu both the acts 111
(ilc.(lion, il is not iiecii-iry to illsiniM oilier
points ralsi'd in iiiiiilmil iiignuii-nt.
As iilie.uly Indicated, Ihe bill was prompt. v
dismissed as to the defend nils fiovv, I'mui.
Mcliols, (.ilvlll" and llauifeii. As lo the in
.oiiiinis.soners and Ihe sheiill. tlie decree Is ri
te , lite bill lein.bileil alii injiinctinn dire. '
id lo be awaid'd In acooulaiico .witli thu
Tho Mipreme court's decision re
verses the coniiuiiii ideas court of Phil
adelphlii on tho llestlon of the con
stltut!ouallt.v of tho acts i;i!-,seil b.v
the last leslslatliio lcfilslatiiiK the board
of ti'vlsloii of tuxes of thW city out
of cxistente and priivldliur for tho dei -Unit
of a new board at the eomlim elec
lion. The suiu-enie court decides the
acts lire sjiec-lal liBlslntlon of the liars
pi-ohlblitd bv the constitution.
Tlie law rendered Inoperative by to
day's decision w.us known as lite
"Philadelphia ripper"' and wus bitter
ly opposed b.v ihe uuti-Quiiy Republi
cans of Uils tlty. The hoard consist?
of llirci- mciiibt-is and has herotofoie
boon ,iiioliitcd by the common picas
coiiii judsjes. It la jiresumed that the
candidates of tho various parties now
on ihe ticket will he withdrawn.
4 WEATHER TOREOAST.
- Washington, Oct, at, Forecast for lout- -
s- cm Penii.vlv.iiila: I'.ilr Tut'iday and WJ- -f,
-f ne.-Ojyi Htcht variable winds. 4
ilS Hli., J.
5 .f- s
kr.!., '..", - , Si's